White v Parton & Ors

White v Parton & Ors

No binding contract existed as essential terms regarding use of claimant's name were not agreed; claimant's refusal to permit use of his name meant condition precedent was not satisfied, so defendants were not obliged to procure share allotment.

Parties
Claimant: Marco Pierre White; Defendant: Andrew Parton; Defendant: Peter Featherman; Defendant: Yew Tree (Highclere) Limited; Defendant: Yew Tree (Highclere) Holdings Limited (Newco)
Jurisdiction
England and Wales
Judgment Date
20 June 2013
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed; counterclaim dismissed; costs awarded to defendants on standard basis.
Legal Topics
Shareholder Agreements, Breach of Contract, Conditions Precedent, Corporate Restructuring, Use of Name Rights
Contract Law Company Law Shareholder Agreements Breach of Contract Conditions Precedent Corporate Restructuring Use of Name Rights

Case Brief

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Parties

Marco Pierre White

Claimant

Andrew Parton

Defendant

Peter Featherman

Defendant

Yew Tree (Highclere) Limited

Defendant

Yew Tree (Highclere) Holdings Limited (Newco)

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether a binding contract existed obliging defendants to procure allotment of shares to claimant
  2. 2 Whether claimant was entitled to damages for breach of contract
  3. 3 Whether use of claimant's name was a condition precedent to share allotment

Ratio Decidendi

No binding contract existed as essential terms regarding use of claimant's name were not agreed; claimant's refusal to permit use of his name meant condition precedent was not satisfied, so defendants were not obliged to procure share allotment.

Court Disposition

Claim dismissed; counterclaim dismissed; costs awarded to defendants on standard basis.

Orders

  • Claim dismissed
  • Counterclaim dismissed