DNA Productions (Europe) Ltd v Manoukian & Anor (t/a DNA Productions) [2008] EWHC 943 (Ch) (30 April 2008)

DNA Productions (Europe) Ltd v Manoukian & Anor (t/a DNA Productions) [2008] EWHC 943 (Ch) (30 April 2008)

There was no concluded contract between DNA and Mr Manoukian on the terms alleged by DNA; DNA failed to prove that Mr Manoukian agreed to an all-in contract, and the evidence showed Mr Manoukian believed and was entitled to believe the arrangement was cost plus with full disclosure of supplier discounts and commissions. DNA's concealment of commissions and discounts, and the absence of mutual agreement on contract terms, meant DNA's claim failed.

Citation
[2008] EWHC 943 (Ch)
Parties
Claimant: DNA Productions (Europe) Limited; Defendant: Mr Rafi Manoukian; Third Party: Mr Matthew James (trading as DNA Productions)
Jurisdiction
England and Wales
Judgment Date
30 April 2008
Procedural Posture
Civil / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Formation of Contract, Misrepresentation, Agency, Event Management Agreements, Disclosure of Commissions, Quantum Meruit
Contract Law Commercial Law Formation of Contract Misrepresentation Agency Event Management Agreements Disclosure of Commissions Quantum Meruit

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Parties

DNA Productions (Europe) Limited

Claimant

Mr Rafi Manoukian

Defendant

Mr Matthew James (trading as DNA Productions)

Third Party

Procedural Posture

Civil / High Court Trial Judgment

Legal Issues

  1. 1 Whether the contract between DNA and Mr Manoukian was a 'cost plus' or 'all-in' contract
  2. 2 Whether DNA was entitled to retain undisclosed commissions from suppliers
  3. 3 Whether there was a binding contract on the terms alleged by DNA

Ratio Decidendi

There was no concluded contract between DNA and Mr Manoukian on the terms alleged by DNA; DNA failed to prove that Mr Manoukian agreed to an all-in contract, and the evidence showed Mr Manoukian believed and was entitled to believe the arrangement was cost plus with full disclosure of supplier discounts and commissions. DNA's concealment of commissions and discounts, and the absence of mutual agreement on contract terms, meant DNA's claim failed.

Court Disposition

Claim dismissed