Barton v Jones & Ors [2018] EWHC 2426 (Ch) (14 September 2018)

Barton v Jones & Ors [2018] EWHC 2426 (Ch) (14 September 2018)

Foxpace Limited is not contractually liable to pay Philip Barton £1.2 million as the introduction agreement was subject to contract and contingent upon a sale price of £6.5 million, which was not achieved; no liability arises in restitution as the parties had reached a concluded agreement governing the terms of payment.

Citation
[2018] EWHC 2426 (Ch)
Parties
Appellant: Philip Barton; First Respondent: Timothy Gwyn Jones; Second Respondent: Julie Ann Swan; Third Respondent: Mark Richard Phillips; Fourth Respondent: Foxpace Limited
Jurisdiction
England and Wales
Judgment Date
14 September 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Proof of Debt, Liquidation, Introduction Fee, Unjust Enrichment, Free Acceptance
Contract Law Insolvency Law Restitution Proof of Debt Liquidation Introduction Fee Unjust Enrichment Free Acceptance

Case Brief

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Parties

Philip Barton

Appellant

Timothy Gwyn Jones

First Respondent

Julie Ann Swan

Second Respondent

Mark Richard Phillips

Third Respondent

Foxpace Limited

Fourth Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Foxpace Limited is contractually liable to pay Philip Barton £1.2 million for introducing a purchaser for Nash House
  2. 2 Whether Foxpace Limited is liable to Barton in restitution for unjust enrichment
  3. 3 Whether the introduction agreement was subject to contract and contingent on a minimum sale price

Ratio Decidendi

Foxpace Limited is not contractually liable to pay Philip Barton £1.2 million as the introduction agreement was subject to contract and contingent upon a sale price of £6.5 million, which was not achieved; no liability arises in restitution as the parties had reached a concluded agreement governing the terms of payment.

Court Disposition

Appeal dismissed

Orders

  • Foxpace Limited is not liable to pay Philip Barton £1.2 million for the introduction of a purchaser for Nash House
  • No order as to costs against Foxpace Limited for being joined as a party