Wallis v Learonal (UK) Plc [2002] EWCA Civ 1267 (29 July 2002)
There is a sufficient argument that agreement was reached on payment of £50,000, payment of patent fees, and a 3% royalty, and that the evidence does not conclusively show the arrangement was subject to contract or lacked intention to create legal relations. The prospects of success on appeal are not fanciful, warranting permission to appeal.
- Citation
- [2002] EWCA Civ 1267
- Parties
- Applicant: Karl Michael Wallis; Respondent: Learonal (UK) Plc
- Jurisdiction
- England and Wales
- Judgment Date
- 29 July 2002
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal
- Outcome
- permission to appeal granted
- Legal Topics
- Formation of Contract, Intention to Create Legal Relations, Oral Agreements, Patent Related Agreements
Case Brief
Summary, issues, holding and outcome
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Parties
Karl Michael Wallis
Applicant
Learonal (UK) Plc
Respondent
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Legal Issues
- 1 Whether a binding oral contract was formed between the applicant and the respondent
- 2 Whether there was intention to create legal relations
- 3 Whether the terms of the alleged agreement were sufficiently certain
Ratio Decidendi
There is a sufficient argument that agreement was reached on payment of £50,000, payment of patent fees, and a 3% royalty, and that the evidence does not conclusively show the arrangement was subject to contract or lacked intention to create legal relations. The prospects of success on appeal are not fanciful, warranting permission to appeal.
Court Disposition
permission to appeal granted
Orders
- Permission to appeal granted.
Full Case Text
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