Jirehouse Capital & Ors v Beller & Anor

Jirehouse Capital & Ors v Beller & Anor

The parties, through their counsel, reached a binding settlement agreement on the evening of 29th June 2009, with the 'subject to contract' qualification lifted by necessary implication due to the conduct and intentions of the parties. The QBD action was also compromised on a drop hands basis, subject to a consent order being produced within a reasonable time, and neither party committed a repudiatory breach terminating the agreement.

Parties
Claimant: Jirehouse Capital; Claimant: Jirehouse Capital Trustees Ltd; Claimant: Buckhead Capital Corporation; Defendant: Stanley Sherwin Beller; Defendant: Gwendolen Michelle Owen
Jurisdiction
England and Wales
Judgment Date
20 October 2009
Procedural Posture
Civil / Judgment on Application to Determine Whether Settlement Was Reached
Outcome
Application allowed; declaration that a binding settlement was reached and the actions were compromised.
Legal Topics
Settlement Agreements, Subject to Contract, Compromise of Actions
Contract Law Civil Procedure Settlement Agreements Subject to Contract Compromise of Actions

Case Brief

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Parties

Jirehouse Capital

Claimant

Jirehouse Capital Trustees Ltd

Claimant

Buckhead Capital Corporation

Claimant

Stanley Sherwin Beller

Defendant

Gwendolen Michelle Owen

Defendant

Procedural Posture

Civil / Judgment on Application to Determine Whether Settlement Was Reached

Legal Issues

  1. 1 Whether a binding settlement agreement was reached between the parties on 29th June 2009
  2. 2 Whether the 'subject to contract' qualification was lifted by necessary implication
  3. 3 Whether the QBD action was included in the settlement and on what terms

Ratio Decidendi

The parties, through their counsel, reached a binding settlement agreement on the evening of 29th June 2009, with the 'subject to contract' qualification lifted by necessary implication due to the conduct and intentions of the parties. The QBD action was also compromised on a drop hands basis, subject to a consent order being produced within a reasonable time, and neither party committed a repudiatory breach terminating the agreement.

Court Disposition

Application allowed; declaration that a binding settlement was reached and the actions were compromised.

Orders

  • Declaration that the Chancery action was settled on the terms agreed on 29th June 2009.
  • Declaration that the QBD action was compromised on a drop hands basis, subject to a consent order being produced within a reasonable time.