Collidge v Freeport Plc

Collidge v Freeport Plc

The judge's findings of fact regarding the inducement of Mr Bradshaw's retraction and the forgery of loan agreements were supported by ample evidence and were not perverse or against the weight of evidence. The truth of the warranty in clause 7(b) was a condition precedent to the appellant's entitlements. There was no arguable basis for granting permission to appeal on the factual findings.

Parties
Appellant: Sean Mervyn Collidge; Respondent: Freeport PLC
Jurisdiction
England and Wales
Judgment Date
05 October 2007
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Compromise Agreements, Repudiatory Breach, Employment Termination, Factual Findings on Inducement and Forgery
Employment Law Contract Law Compromise Agreements Repudiatory Breach Employment Termination Factual Findings on Inducement and Forgery

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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Sean Mervyn Collidge

Appellant

Freeport PLC

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in finding that the clause 7(b) warranty was untrue
  2. 2 Whether the judge's findings of fact regarding inducement and forgery were perverse or unsupported by evidence
  3. 3 Whether the construction of clause 7(b) made the truth of the warranty a condition precedent to the appellant's entitlements

Ratio Decidendi

The judge's findings of fact regarding the inducement of Mr Bradshaw's retraction and the forgery of loan agreements were supported by ample evidence and were not perverse or against the weight of evidence. The truth of the warranty in clause 7(b) was a condition precedent to the appellant's entitlements. There was no arguable basis for granting permission to appeal on the factual findings.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal on factual findings refused