Elek v Bar Tur Anor

Elek v Bar Tur Anor

The claimant voluntarily withdrew from the collaboration agreement and renounced any benefits; there was no ongoing contractual relationship or repudiatory breach by the defendants. The claimant had no realistic prospect of success in his claims.

Parties
Claimant: Thomas Elek; First Defendant: Amnon Bar Tur; Second Defendant: Second Defendant
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Quantum Meruit, Repudiatory Breach, Jurisdiction, Partnership, Service Out of Jurisdiction
Contract Law Restitution Quantum Meruit Repudiatory Breach Jurisdiction Partnership Service Out of Jurisdiction

Case Brief

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Parties

Thomas Elek

Claimant

Amnon Bar Tur

First Defendant

Second Defendant

Second Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the claimant had a real prospect of success in claims for quantum meruit or damages for repudiatory breach
  2. 2 Whether the collaboration agreement was terminated by claimant's withdrawal or by defendants' repudiatory breach
  3. 3 Whether the court had jurisdiction to hear the claim

Ratio Decidendi

The claimant voluntarily withdrew from the collaboration agreement and renounced any benefits; there was no ongoing contractual relationship or repudiatory breach by the defendants. The claimant had no realistic prospect of success in his claims.

Court Disposition

Appeal dismissed

Orders

  • Order for service out of jurisdiction set aside
  • Action not dismissed, only service order set aside