London & Regional Investments Ltd v TBI Plc & Anor [2001] EWCA Civ 1026 (22 June 2001)

London & Regional Investments Ltd v TBI Plc & Anor [2001] EWCA Civ 1026 (22 June 2001)

There are arguable grounds for appeal as the applicant's claims in equity and contract are not so unarguable as to justify summary judgment; the existence of factual disputes and potential for equitable relief warrant a trial.

Citation
[2001] EWCA Civ 1026
Parties
Claimant/applicant: London & Regional Investments Limited; Defendant/respondent: TBI PLC; Defendant/respondent: Belfast International Airport Limited
Jurisdiction
England and Wales
Judgment Date
22 June 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal (renewed Oral Application)
Outcome
Permission to appeal granted
Legal Topics
Summary Judgment, Joint Venture Agreements, Constructive Trust, Estoppel, Agreements to Agree
Contract Law Equity Summary Judgment Joint Venture Agreements Constructive Trust Estoppel Agreements to Agree

Case Brief

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Parties

London & Regional Investments Limited

Claimant/applicant

TBI PLC

Defendant/respondent

Belfast International Airport Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed Oral Application)

Legal Issues

  1. 1 Whether the Sale Agreement and Heads of Terms created a binding obligation for a joint venture
  2. 2 Whether equity should intervene to grant relief via constructive trust or estoppel
  3. 3 Whether summary judgment was appropriate given the factual disputes

Ratio Decidendi

There are arguable grounds for appeal as the applicant's claims in equity and contract are not so unarguable as to justify summary judgment; the existence of factual disputes and potential for equitable relief warrant a trial.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Costs of the application to be costs in the appeal