London & Medway Ltd v Sunley Holdings Plc

London & Medway Ltd v Sunley Holdings Plc

Objectively construed, the agreement concluded on 30 April 2010, in the context of the parties' prior negotiations and correspondence, excluded any claim by L&M to a share of profits from the Fulham Palace Road development. Silence on the point, in light of the factual matrix and previous express relinquishment, amounted to relinquishment of the right.

Parties
Claimant: London & Medway Limited; Defendant: Sunley Holdings PLC
Jurisdiction
England and Wales
Judgment Date
24 May 2013
Procedural Posture
Civil (commercial/contract) / Trial of Preliminary Issue
Outcome
Claimant relinquished right to profit share; not entitled to pursue claim for Fulham Palace Road profits.
Legal Topics
Interpretation of Contracts, Effect of Silence in Contract Negotiations, Repudiation and Relinquishment of Contractual Rights, Profit Sharing Agreements, Joint Venture Arrangements
Contract Law Commercial Law Interpretation of Contracts Effect of Silence in Contract Negotiations Repudiation and Relinquishment of Contractual Rights Profit Sharing Agreements Joint Venture Arrangements

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 5 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

London & Medway Limited

Claimant

Sunley Holdings PLC

Defendant

Procedural Posture

Civil (commercial/contract) / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the claimant relinquished its right to any share of profits arising out of the property development project at 168-190 Fulham Palace Road by an agreement concluded on 30 April 2010.

Ratio Decidendi

Objectively construed, the agreement concluded on 30 April 2010, in the context of the parties' prior negotiations and correspondence, excluded any claim by L&M to a share of profits from the Fulham Palace Road development. Silence on the point, in light of the factual matrix and previous express relinquishment, amounted to relinquishment of the right.

Court Disposition

Claimant relinquished right to profit share; not entitled to pursue claim for Fulham Palace Road profits.

Orders

  • Claimant is not entitled to any share of profits arising out of the property development project at 168-190 Fulham Palace Road.
  • Claimant is consequently not entitled to pursue any such claims.