Moria & Anor v Bednash

Moria & Anor v Bednash

The court found that the parties' communications and conduct indicated that any agreement was only in principle and impliedly subject to contract, and that the parties did not intend to be bound until a written assignment was executed. Therefore, no binding agreement was concluded.

Parties
Claimant: Ian Moria; Claimant: Harmanjit Gill; Defendant: Lane Bednash
Jurisdiction
England and Wales
Judgment Date
08 April 2011
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Formation of Contract, Assignment of Causes of Action, Subject to Contract, Liquidation
Contract Law Insolvency Law Formation of Contract Assignment of Causes of Action Subject to Contract Liquidation

Case Brief

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 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Ian Moria

Claimant

Harmanjit Gill

Claimant

Lane Bednash

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a binding agreement to assign causes of action was concluded between the parties
  2. 2 Whether the agreement was subject to contract or sufficiently complete to be binding

Ratio Decidendi

The court found that the parties' communications and conduct indicated that any agreement was only in principle and impliedly subject to contract, and that the parties did not intend to be bound until a written assignment was executed. Therefore, no binding agreement was concluded.

Court Disposition

Claim dismissed