Renpower Investments Ltd v Clark Willmott LLP & Anor [2013] EWHC 800 (QB) (17 April 2013)

Renpower Investments Ltd v Clark Willmott LLP & Anor [2013] EWHC 800 (QB) (17 April 2013)

There was no relevant fresh evidence because the applicant was aware of the facts at the time of the original hearing; the SPA did not require Ofgem to have the Company registered as owner, only that the installation be accredited; and any technical breach was waived by the applicant's conduct. Permission to appeal and extension of time were refused.

Citation
[2013] EWHC 800
Parties
Applicant/second Defendant: Renpower Investments Ltd; Claimant: Clark Willmott LLP; Respondent/first Defendant: Larkfleet Ltd
Jurisdiction
England and Wales
Judgment Date
17 April 2013
Procedural Posture
Application for Permission to Appeal (out of Time) / Oral Hearing of Application for Permission to Appeal From Order of Master Fontaine Dated 29 June 2012
Outcome
Permission to appeal refused; no extension of time granted.
Legal Topics
Share Purchase Agreement, Fresh Evidence, Accreditation Conditions, Waiver of Contractual Conditions, Extension of Time
Contract Law Civil Procedure Share Purchase Agreement Fresh Evidence Accreditation Conditions Waiver of Contractual Conditions Extension of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Renpower Investments Ltd

Applicant/second Defendant

Clark Willmott LLP

Claimant

Larkfleet Ltd

Respondent/first Defendant

Procedural Posture

Application for Permission to Appeal (out of Time) / Oral Hearing of Application for Permission to Appeal From Order of Master Fontaine Dated 29 June 2012

Legal Issues

  1. 1 Whether fresh evidence justified permission to appeal
  2. 2 Whether condition precedent in SPA was satisfied
  3. 3 Whether applicant waived any breach of SPA condition

Ratio Decidendi

There was no relevant fresh evidence because the applicant was aware of the facts at the time of the original hearing; the SPA did not require Ofgem to have the Company registered as owner, only that the installation be accredited; and any technical breach was waived by the applicant's conduct. Permission to appeal and extension of time were refused.

Court Disposition

Permission to appeal refused; no extension of time granted.