Pistachios in the Park Limited & Anor. v Sharn Panesar Limited & Anor.

Pistachios in the Park Limited & Anor. v Sharn Panesar Limited & Anor.

The judge was entitled to find that the deceit was a significant factor in the respondents' decision to enter into the franchise agreement, that the findings were based on the business plan actually provided, and that the appellants failed to prove valid termination or a break in the chain of causation. The appeal on all grounds fails.

Parties
Appellant/defendant: Pistachios in the Park Limited; Appellant/defendant: Aysin Djemil; Respondent/claimant: Sharn Panesar Limited; Respondent/claimant: Sharn Panesar
Jurisdiction
England and Wales
Judgment Date
03 August 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Deceit, Misrepresentation, Causation, Damages, Termination of Contract, Franchise Agreements
Tort Contract Deceit Misrepresentation Causation Damages Termination of Contract Franchise Agreements

Case Brief

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Parties

Pistachios in the Park Limited

Appellant/defendant

Aysin Djemil

Appellant/defendant

Sharn Panesar Limited

Respondent/claimant

Sharn Panesar

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding causation between the deceit and the loss claimed
  2. 2 Whether the judge erred in reference to unpleaded allegations regarding inaccurate figures
  3. 3 Whether the judge erred in rejecting the argument that the franchise agreement was validly terminated, thereby limiting damages

Ratio Decidendi

The judge was entitled to find that the deceit was a significant factor in the respondents' decision to enter into the franchise agreement, that the findings were based on the business plan actually provided, and that the appellants failed to prove valid termination or a break in the chain of causation. The appeal on all grounds fails.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Damages award of £217,825.94 inclusive of interest stands