Renpower Investments Ltd v Clark Willmott LLP & Anor

Renpower Investments Ltd v Clark Willmott LLP & Anor

The Applicant failed to demonstrate any relevant fresh evidence that could not have been raised before the Master. The SPA did not require Ofgem to have the Company registered as owner, only that the installation be accredited. Any technical breach was waived by the Applicant proceeding with completion after knowing the facts.

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
Civil / Application for Permission to Appeal (out of Time) From Order of Master
Outcome
Permission to appeal refused; no extension of time granted.
Legal Topics
Share Purchase Agreement, Conditions Precedent, Accreditation, Fresh Evidence, Extension of Time
Contract Law Commercial Law Share Purchase Agreement Conditions Precedent Accreditation Fresh Evidence 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 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

Civil / Application for Permission to Appeal (out of Time) From Order of Master

Legal Issues

  1. 1 Whether fresh evidence justifies permission to appeal the Master's order
  2. 2 Whether the condition precedent in the SPA was satisfied
  3. 3 Whether the Applicant waived any breach of the SPA condition

Ratio Decidendi

The Applicant failed to demonstrate any relevant fresh evidence that could not have been raised before the Master. The SPA did not require Ofgem to have the Company registered as owner, only that the installation be accredited. Any technical breach was waived by the Applicant proceeding with completion after knowing the facts.

Court Disposition

Permission to appeal refused; no extension of time granted.