Oliver Southgate v Adam Graham

Oliver Southgate v Adam Graham

The judge was correct to refuse specific performance due to hardship and the adequacy of damages, but was wrong to fix the valuation date for damages at the breach date without proper submissions or factual findings; the correct valuation date and related issues should be determined at the remedies hearing.

Parties
Appellant: Oliver Southgate; Respondent: Adam Graham
Jurisdiction
England and Wales
Judgment Date
07 March 2024
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Specific Performance, Damages, Cryptocurrency, Valuation Date, Remedies
Contract Law Equity Specific Performance Damages Cryptocurrency Valuation Date Remedies

Case Brief

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Parties

Oliver Southgate

Appellant

Adam Graham

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether specific performance should be granted for the return of cryptocurrency under an oral agreement
  2. 2 What is the correct valuation date for assessing damages in lieu of specific performance

Ratio Decidendi

The judge was correct to refuse specific performance due to hardship and the adequacy of damages, but was wrong to fix the valuation date for damages at the breach date without proper submissions or factual findings; the correct valuation date and related issues should be determined at the remedies hearing.

Court Disposition

Appeal allowed in part

Orders

  • Judge's determination of valuation date for damages set aside
  • Valuation date and measure of loss to be determined at remedies hearing