Stolkin v Cave [2002] EWCA Civ 320 (4 March 2002)

Stolkin v Cave [2002] EWCA Civ 320 (4 March 2002)

There was no distinction in the parties' obligations between the two tranches; the applicant was obliged to account for profits and pay damages for lost chance in phase 2. The judge's order was correct and not open to appeal.

Citation
[2002] EWCA Civ 320
Parties
Claimant/applicant: Leslie Stolkin; Defendant/respondent: Martin William Cave
Jurisdiction
England and Wales
Judgment Date
04 March 2002
Procedural Posture
Civil Appeal / Appeal From Newport County Court Judgment
Outcome
Application dismissed with costs
Legal Topics
Partnership Agreements, Profit Sharing, Termination of Contract, Obligations Under Contract
Contract Law Partnership Agreements Profit Sharing Termination of Contract Obligations Under Contract

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Parties

Leslie Stolkin

Claimant/applicant

Martin William Cave

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Newport County Court Judgment

Legal Issues

  1. 1 Whether the applicant was obliged to develop the second tranche of land and share profits with the respondent
  2. 2 Whether the applicant was entitled to terminate the relationship
  3. 3 Whether the judge erred in awarding damages for lost chance regarding the second tranche

Ratio Decidendi

There was no distinction in the parties' obligations between the two tranches; the applicant was obliged to account for profits and pay damages for lost chance in phase 2. The judge's order was correct and not open to appeal.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs