Thames Cruises Ltd. v George Wheeler Launches Ltd & Anor

Thames Cruises Ltd. v George Wheeler Launches Ltd & Anor

The relationship between the parties was not a partnership; Defendants breached the agreement to make a joint tender by forming a rival consortium without giving Claimant opportunity to address concerns, and it is inequitable for Defendants to retain benefit of the successful bid without recompense to Claimant; a...

Source-derived case information.

Parties
Claimant: Thames Cruises Limited; Defendant: George Wheeler Launches Limited; Defendant: Kingwood Launches Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2003
Procedural Posture
Civil / Judgment on Liability
Outcome
Claimant succeeds on constructive trust claim; partnership and implied term claims rejected.
Legal Topics
Constructive Trusts, Joint Venture, Implied Terms, Fiduciary Duties, Partnership Law
Commercial Law Equity Constructive Trusts Joint Venture Implied Terms Fiduciary Duties Partnership Law

Source-derived case record

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Parties

Thames Cruises Limited

Claimant

George Wheeler Launches Limited

Defendant

Kingwood Launches Limited

Defendant

Procedural Posture

Civil / Judgment on Liability

Legal Issues

  1. 1 Whether WPSA constituted a legal partnership
  2. 2 Whether Defendants breached partnership or contractual obligations by submitting a rival tender
  3. 3 Whether a constructive trust arises from the Defendants' actions

Ratio Decidendi

The relationship between the parties was not a partnership; Defendants breached the agreement to make a joint tender by forming a rival consortium without giving Claimant opportunity to address concerns, and it is inequitable for Defendants to retain benefit of the successful bid without recompense to Claimant; a constructive trust arises in favour of Claimant.

Court Disposition

Claimant succeeds on constructive trust claim; partnership and implied term claims rejected.

Orders

  • Defendants hold their interest in the licence granted to the new consortium upon constructive trust for the Claimant; form of relief (account of profits or damages) to be determined after further submissions.