Bains v Arunvill Capital Ltd & Anor

Bains v Arunvill Capital Ltd & Anor

The appellant did not remedy the material breach by merely stating an intention to perform; actual resumption of services was required. Under the Hollbeach Agreement, compensation was only payable upon final resolution of the dispute with Varengold/Solo, not upon partial settlement, and the appellant was not instrumental in achieving such a resolution.

Parties
Appellant: Jas Bains; First Respondent: Arunvill Capital Limited; Second Respondent: Hollbeach Solutions LLP
Jurisdiction
England and Wales
Judgment Date
05 July 2019
Procedural Posture
Civil Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Consultancy Agreements, Material Breach, Remedies for Breach of Contract, Interpretation of Contracts, Compensation Clauses
Contract Law Commercial Law Consultancy Agreements Material Breach Remedies for Breach of Contract Interpretation of Contracts Compensation Clauses

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Parties

Jas Bains

Appellant

Arunvill Capital Limited

First Respondent

Hollbeach Solutions LLP

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the appellant remedied a material breach of the consultancy agreement within the contractual notice period
  2. 2 Whether the appellant was entitled to compensation under the Hollbeach Agreement upon a partial settlement or only upon final resolution of the dispute

Ratio Decidendi

The appellant did not remedy the material breach by merely stating an intention to perform; actual resumption of services was required. Under the Hollbeach Agreement, compensation was only payable upon final resolution of the dispute with Varengold/Solo, not upon partial settlement, and the appellant was not instrumental in achieving such a resolution.

Court Disposition

Appeal dismissed