Apvodedo NV v Collins [2008] EWHC 775 (Ch) (17 April 2008)

Apvodedo NV v Collins [2008] EWHC 775 (Ch) (17 April 2008)

The defence of common mistake offers a real prospect of success and requires detailed factual examination at trial. The allocation of risk in clause 10.2 may not be absolute and unqualified but dependent on a common assumption regarding the existence of documentation and a genuine vendor. Summary judgment is inappropriate; the case must proceed to trial.

Citation
[2008] EWHC 775 (Ch)
Parties
Claimant: APVODEDO NV; Defendant: Terry Collins
Jurisdiction
England and Wales
Judgment Date
17 April 2008
Procedural Posture
Summary Judgment Application / Application for Summary Judgment by Claimant; Decision on Whether to Grant Summary Judgment or Proceed to Trial
Outcome
Application for summary judgment dismissed; case to proceed to trial
Legal Topics
Common Mistake, Summary Judgment, Condition Precedent, Contractual Risk Allocation, Fraud
Contract Law Civil Procedure Common Mistake Summary Judgment Condition Precedent Contractual Risk Allocation Fraud

Case Brief

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Parties

APVODEDO NV

Claimant

Terry Collins

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment by Claimant; Decision on Whether to Grant Summary Judgment or Proceed to Trial

Legal Issues

  1. 1 Whether the Exclusivity Agreement or clause 10 thereof is void for common mistake
  2. 2 Whether the obligation to pay £1 million is subject to a condition precedent regarding the existence of documentation or Mr Lee's entitlement
  3. 3 Whether summary judgment should be granted or the matter should proceed to trial

Ratio Decidendi

The defence of common mistake offers a real prospect of success and requires detailed factual examination at trial. The allocation of risk in clause 10.2 may not be absolute and unqualified but dependent on a common assumption regarding the existence of documentation and a genuine vendor. Summary judgment is inappropriate; the case must proceed to trial.

Court Disposition

Application for summary judgment dismissed; case to proceed to trial

Orders

  • Application for summary judgment dismissed
  • Defences of common mistake and condition precedent to be determined at trial