Jeffries v Archer

Jeffries v Archer

There was no unconditional offer from a commercial lender to Holdings, and thus Company Refinancing had not occurred. The claimant fulfilled the notice requirements under clause 9, entitling him to require the defendant to transfer her shares.

Parties
Claimant: Keith William Jeffries; Defendant: Jean Roseann Archer
Jurisdiction
England and Wales
Judgment Date
29 March 2010
Procedural Posture
Trial / Liability Determination
Outcome
Claimant succeeds on liability.
Legal Topics
Shareholders' Agreements, Company Refinancing, Transfer of Shares, Notice Requirements
Contract Law Company Law Shareholders' Agreements Company Refinancing Transfer of Shares Notice Requirements

Case Brief

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Parties

Keith William Jeffries

Claimant

Jean Roseann Archer

Defendant

Procedural Posture

Trial / Liability Determination

Legal Issues

  1. 1 Whether Company Refinancing occurred within the terms of clause 3(g) of the Agreement
  2. 2 Whether the claimant gave a valid notice under clause 9

Ratio Decidendi

There was no unconditional offer from a commercial lender to Holdings, and thus Company Refinancing had not occurred. The claimant fulfilled the notice requirements under clause 9, entitling him to require the defendant to transfer her shares.

Court Disposition

Claimant succeeds on liability.

Orders

  • Liability is found in favour of the claimant.