Montreux Capital Management (UK) Ltd & Ors v Godden & Ors

Montreux Capital Management (UK) Ltd & Ors v Godden & Ors

The court found that Mr Godden's interpretation of the Settlement Agreement—that the definition of 'Deals' required the involvement of Kolaghassi or GFH—was more than merely arguable, and thus Montreux's application for summary judgment was dismissed as there was a real prospect of a successful defence at trial.

Parties
Claimant: Montreux Capital Management (UK) Limited; Claimant: MCM UK (Group) Holdings Limited; Claimant: Montreux Group (Holdings) Limited; Defendant: Mr John Godden; Defendant: Wentworth Hall Consultancy Limited; Defendant: Mr Ian Morley
Jurisdiction
England and Wales
Judgment Date
21 March 2018
Procedural Posture
Civil (commercial/contract) / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Interpretation of Contracts, Summary Judgment, Settlement Agreements
Contract Law Commercial Law Interpretation of Contracts Summary Judgment Settlement Agreements

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 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Montreux Capital Management (UK) Limited

Claimant

MCM UK (Group) Holdings Limited

Claimant

Montreux Group (Holdings) Limited

Claimant

Mr John Godden

Defendant

Wentworth Hall Consultancy Limited

Defendant

Mr Ian Morley

Defendant

Procedural Posture

Civil (commercial/contract) / Summary Judgment Application

Legal Issues

  1. 1 Whether the acquisition of Pathways by Bidco was a 'Deal' under the Settlement Agreement
  2. 2 Whether the definition of 'Deals' in the Settlement Agreement required the involvement of Kolaghassi or GFH
  3. 3 Whether summary judgment should be granted based on the construction of the Settlement Agreement

Ratio Decidendi

The court found that Mr Godden's interpretation of the Settlement Agreement—that the definition of 'Deals' required the involvement of Kolaghassi or GFH—was more than merely arguable, and thus Montreux's application for summary judgment was dismissed as there was a real prospect of a successful defence at trial.

Court Disposition

Application for summary judgment dismissed

Orders

  • Montreux's application for summary judgment is dismissed
  • No order for disclosure of the gross value of the Pathways acquisition