Joseph v LEBC Group Ltd [2018] EWHC 876 (Comm) (20 April 2018)

Joseph v LEBC Group Ltd [2018] EWHC 876 (Comm) (20 April 2018)

The claim is not incapable of proof at trial; there are triable issues as to whether LEBC breached contractual duties by failing to provide accurate information to the valuer, and whether damages can be assessed. The court cannot determine these issues summarily, and the claim has a real prospect of success.

Citation
[2018] EWHC 876 (Comm)
Parties
Claimant/respondent: Lindsey Joseph; Defendant/applicant: LEBC Group Limited
Jurisdiction
England and Wales
Judgment Date
20 April 2018
Procedural Posture
Commercial Court Application / Interlocutory Hearing on Strike Out and Summary Judgment
Outcome
Applications for strike out and summary judgment dismissed
Legal Topics
Expert Valuation Clauses, Breach of Contract, Implied Terms, Summary Judgment, Strike Out Applications
Contract Law Commercial Law Expert Valuation Clauses Breach of Contract Implied Terms Summary Judgment Strike Out Applications

Case Brief

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Parties

Lindsey Joseph

Claimant/respondent

LEBC Group Limited

Defendant/applicant

Procedural Posture

Commercial Court Application / Interlocutory Hearing on Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether the claim for breach of contract is legally sustainable given a binding expert valuation clause
  2. 2 Whether the claim is incapable of proof at trial
  3. 3 Whether the defendant breached express and implied terms by failing to provide accurate information to the valuer

Ratio Decidendi

The claim is not incapable of proof at trial; there are triable issues as to whether LEBC breached contractual duties by failing to provide accurate information to the valuer, and whether damages can be assessed. The court cannot determine these issues summarily, and the claim has a real prospect of success.

Court Disposition

Applications for strike out and summary judgment dismissed

Orders

  • LEBC's applications to strike out and for summary judgment are dismissed
  • Further directions to be determined after counsel's submissions