WILLIAM ALLAN JONES & Anor v ANDREW MCCARTHY

WILLIAM ALLAN JONES & Anor v ANDREW MCCARTHY

Mr McCarthy breached the 2008 oral agreement by revoking the power of attorney, reinstating it in favour of Mr Proctor, and selling the villa without Mr Jones' consent. The claimants are entitled to damages for the market value of the villa at the time of sale, less an allowance for taxes and fees. The defence of illegality does not bar recovery as both parties agreed to the arrangement and Mr McCarthy would otherwise receive a windfall.

Parties
Claimant: William Allan Jones; Claimant: Ludlow Street Investment Corp; Defendant: Andrew McCarthy
Jurisdiction
England and Wales
Judgment Date
17 August 2022
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim for damages allowed
Legal Topics
Breach of Contract, Damages, Illegality (foreign Law), Equitable Remedies, Transfer of Property, Constructive Trust, Account of Profits
Contract Law Property Law Private International Law Breach of Contract Damages Illegality (foreign Law) Equitable Remedies Transfer of Property +2 more

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Parties

William Allan Jones

Claimant

Ludlow Street Investment Corp

Claimant

Andrew McCarthy

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 What were the terms of the 2008 oral agreement between Mr Jones and Mr McCarthy?
  2. 2 Did Mr McCarthy breach the 2008 agreement regarding the sale of the villa?
  3. 3 Is Mr Jones entitled to damages or equitable relief for breach of contract?

Ratio Decidendi

Mr McCarthy breached the 2008 oral agreement by revoking the power of attorney, reinstating it in favour of Mr Proctor, and selling the villa without Mr Jones' consent. The claimants are entitled to damages for the market value of the villa at the time of sale, less an allowance for taxes and fees. The defence of illegality does not bar recovery as both parties agreed to the arrangement and Mr McCarthy would otherwise receive a windfall.

Court Disposition

Claim for damages allowed

Orders

  • Damages awarded to claimants in the sum of €1,025,000
  • Parties to agree a draft order and file written submissions on consequential matters within 14 days