Winton v Rosenthal & Anor

The September 2007 deed and short agreement were binding contracts between Millennium Developments Ltd and Paul Winton, obliging Millennium to carry out the development and pay Winton a share of profits. Marc Rosenthal was not personally a party to the agreements. No implied term qualified Millennium's obligation to develop based on commercial viability. The investors did not consent to discharge Millennium's obligations. Loss from breach is to be determined by inquiry.

Parties: Claimant: Paul Winton; Defendant: Marc Rosenthal; Defendant: Millennium Developments Limited
Jurisdiction: England and Wales
Judgment Date: 14 March 2013
Procedural Posture: Civil / Judgment
Outcome: Judgment for claimant against Millennium Developments Ltd; inquiry into damages ordered.
Legal Topics: Joint Venture, Breach of Contract, Damages, Implied Terms, Good Faith

Contract Law Property Law Joint Venture Breach of Contract Damages Implied Terms Good Faith

Case Brief

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Parties

Paul Winton

Claimant

Marc Rosenthal

Defendant

Millennium Developments Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Were the September 2007 documents binding agreements?
2 Was Marc Rosenthal personally a party to the short agreement?
3 Was there a separate joint venture agreement binding Rosenthal personally?

Ratio Decidendi

Court Disposition

Judgment for claimant against Millennium Developments Ltd; inquiry into damages ordered.

Orders

Inquiry to determine loss flowing from breach of obligation to carry out development.
No personal liability found against Marc Rosenthal.