Walker & Ors v Mills & Anor [2018] EWHC 998 (Ch) (17 May 2018)

Walker & Ors v Mills & Anor [2018] EWHC 998 (Ch) (17 May 2018)

The Introduction Agreement was concluded by the exchange of emails on 10 and 21 December 2012, not orally at the lunch meeting. The parties to the agreement were Clarion Plc (not Mr. Walker personally) and Insurance & Legal Services Limited (the Second Defendant), trading as Comerga. The Claimants are not entitled to further sums or a declaration of trust over shares and loan notes, as the agreement did not extend to those assets and all sums due under the agreement have been paid.

Citation
[2018] EWHC 998 (Ch)
Parties
Claimant: Ronald David Walker; Claimant: Clarion Wealth Planning Limited; Claimant: Clarion Investment Management Limited; Defendant: Mark Richard Mills; Defendant: Insurance & Legal Services Limited
Jurisdiction
England and Wales
Judgment Date
17 May 2018
Procedural Posture
Commercial Contract Dispute / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Formation of Contract, Interpretation of Contract, Trusts, Breach of Contract, Remedies, Agency
Contract Law Equity Commercial Law Formation of Contract Interpretation of Contract Trusts Breach of Contract Remedies +1 more

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Parties

Ronald David Walker

Claimant

Clarion Wealth Planning Limited

Claimant

Clarion Investment Management Limited

Claimant

Mark Richard Mills

Defendant

Insurance & Legal Services Limited

Defendant

Procedural Posture

Commercial Contract Dispute / High Court Trial Judgment

Legal Issues

  1. 1 Whether the Introduction Agreement was concluded and its terms
  2. 2 Who were the parties to the Introduction Agreement
  3. 3 Whether the Defendants are liable to pay further sums under the Introduction Agreement

Ratio Decidendi

The Introduction Agreement was concluded by the exchange of emails on 10 and 21 December 2012, not orally at the lunch meeting. The parties to the agreement were Clarion Plc (not Mr. Walker personally) and Insurance & Legal Services Limited (the Second Defendant), trading as Comerga. The Claimants are not entitled to further sums or a declaration of trust over shares and loan notes, as the agreement did not extend to those assets and all sums due under the agreement have been paid.

Court Disposition

Claim dismissed

Orders

  • The claims for further payment under the Introduction Agreement are dismissed.
  • The claim for a declaration of trust over shares and loan notes in Mini-Cam Enterprises Limited is dismissed.