Joseph v LEBC Group Ltd

Joseph v LEBC Group Ltd

The claim is not incapable of proof at this stage. There are triable issues as to whether LEBC breached its contractual obligations by failing to provide accurate and complete information to the valuer, and whether this caused loss to Ms Joseph. These issues require factual and expert evidence and cannot be determined summarily. The application to strike out or for summary judgment is dismissed.

Parties
Claimant/respondent: Lindsey Joseph; Defendant/applicant: LEBC Group Limited
Jurisdiction
England and Wales
Judgment Date
20 April 2018
Procedural Posture
Commercial / Interlocutory Application for Strike Out And/or Summary Judgment
Outcome
Application 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

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Parties

Lindsey Joseph

Claimant/respondent

LEBC Group Limited

Defendant/applicant

Procedural Posture

Commercial / Interlocutory Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim for breach of the Bonus Agreement is capable of proof at trial given a binding non-speaking expert valuation
  2. 2 Whether the defendant breached express or implied terms by failing to provide accurate and complete information to the valuer
  3. 3 Whether the claim is properly pleaded as a claim in debt and/or damages

Ratio Decidendi

The claim is not incapable of proof at this stage. There are triable issues as to whether LEBC breached its contractual obligations by failing to provide accurate and complete information to the valuer, and whether this caused loss to Ms Joseph. These issues require factual and expert evidence and cannot be determined summarily. The application to strike out or for summary judgment is dismissed.

Court Disposition

Application dismissed

Orders

  • LEBC's applications for strike out and/or summary judgment are dismissed
  • Directions and form of order to be addressed following submissions