Crystal Palace FC (2000) Ltd v Dowie

Crystal Palace FC (2000) Ltd v Dowie

Mr Dowie made false representations to Mr Jordan regarding his contact and intentions with Charlton, intending to induce the Club to sign the Compromise Agreement, which the Club relied upon. However, rescission is not available as practical justice cannot be achieved and counter restitution is impossible due to...

Source-derived case information.

Parties
Claimant: Crystal Palace FC (2000) Limited; Defendant: Iain Dowie
Jurisdiction
England and Wales
Judgment Date
14 June 2007
Procedural Posture
Civil / Trial of Preliminary Issues
Outcome
Claim for fraudulent misrepresentation succeeds; rescission denied.
Legal Topics
Fraudulent Misrepresentation, Rescission, Deceit, Employment Contract, Compensation Clause
Contract Law Tort Law Fraudulent Misrepresentation Rescission Deceit Employment Contract Compensation Clause

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Crystal Palace FC (2000) Limited

Claimant

Iain Dowie

Defendant

Procedural Posture

Civil / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the Compromise Agreement was entered into on the basis of fraudulent representations by Mr Dowie
  2. 2 Whether the Compromise Agreement should be rescinded

Ratio Decidendi

Mr Dowie made false representations to Mr Jordan regarding his contact and intentions with Charlton, intending to induce the Club to sign the Compromise Agreement, which the Club relied upon. However, rescission is not available as practical justice cannot be achieved and counter restitution is impossible due to third party rights and inability to restore parties to original positions.

Court Disposition

Claim for fraudulent misrepresentation succeeds; rescission denied.

Orders

  • Financial remedies to be determined; Compromise Agreement not rescinded.