Maranello Rosso Ltd v Lohomij BV & Ors [2022] EWCA Civ 1667 (21 December 2022)

Maranello Rosso Ltd v Lohomij BV & Ors [2022] EWCA Civ 1667 (21 December 2022)

The Settlement Agreement, by its clear, comprehensive, and unambiguous language, released all claims relating to the acquisition, financing, and sale of the Collection, including claims in fraud, dishonesty, and conspiracy, whether known or unknown at the time, and there is no rule requiring express reference to fraud or dishonesty for such release. The factual matrix and subject matter reinforce this interpretation.

Citation
[2022] EWCA Civ 1667
Parties
Claimant/appellant: Maranello Rosso Limited; First Defendant/respondent: Lohomij BV; Second Defendant/respondent: Bonhams 1793 Limited; Third Defendant/respondent: Bonhams & Butterfields Auctioneers Corporation; Fourth Defendant/respondent: Evert Louwman; Fifth Defendant/respondent: Edward Lee (Estate of Robert Brooks); Sixth Defendant/respondent: James Knight; Seventh Defendant/respondent: Anthony MacLean
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Settlement Agreements, Release of Claims, Fraud, Conspiracy, Interpretation of Contracts
Contract Law Commercial Law Civil Procedure Settlement Agreements Release of Claims Fraud Conspiracy Interpretation of Contracts

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Parties

Maranello Rosso Limited

Claimant/appellant

Lohomij BV

First Defendant/respondent

Bonhams 1793 Limited

Second Defendant/respondent

Bonhams & Butterfields Auctioneers Corporation

Third Defendant/respondent

Evert Louwman

Fourth Defendant/respondent

Edward Lee (Estate of Robert Brooks)

Fifth Defendant/respondent

James Knight

Sixth Defendant/respondent

Anthony MacLean

Seventh Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Settlement Agreement released claims in fraud, dishonesty, and conspiracy not expressly mentioned
  2. 2 Proper construction of general releases in settlement agreements
  3. 3 Application of cautionary principle to unknown claims in fraud

Ratio Decidendi

The Settlement Agreement, by its clear, comprehensive, and unambiguous language, released all claims relating to the acquisition, financing, and sale of the Collection, including claims in fraud, dishonesty, and conspiracy, whether known or unknown at the time, and there is no rule requiring express reference to fraud or dishonesty for such release. The factual matrix and subject matter reinforce this interpretation.

Court Disposition

Appeal dismissed

Orders

  • All claims in existence as at 31 July 2015, including claims in fraud, dishonesty, and conspiracy, are released by the Settlement Agreement.
  • Only freestanding claims arising after July 2015 may proceed.