ASIF MAHMOOD v THE BIG BUS COMPANY

ASIF MAHMOOD v THE BIG BUS COMPANY

Clauses 1 and 7 of the Heads of Terms created binding contractual obligations under English law. Clause 7 imposed a continuing negative obligation on the Defendant not to circumvent the Claimant in the Dubai bus tour business. The Defendant breached this by removing assets from Big Bus Dubai and facilitating Double Decker’s operation without the Claimant, amounting to a continuing breach. The claim is not time-barred, and the Claimant suffered loss measurable by negotiating damages.

Parties
Claimant: Asif Mahmood; Defendant: The Big Bus Company
Jurisdiction
England and Wales
Judgment Date
15 December 2021
Procedural Posture
Civil / Liability and Causation Judgment After Trial
Outcome
Claim for liability and causation upheld in favour of the Claimant.
Legal Topics
Heads of Terms, Choice of Law, Limitation of Actions, Breach of Contract, Negotiating Damages, Joint Venture, Anti Circumvention Clauses
Contract Law Conflict of Laws Heads of Terms Choice of Law Limitation of Actions Breach of Contract Negotiating Damages Joint Venture +1 more

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Parties

Asif Mahmood

Claimant

The Big Bus Company

Defendant

Procedural Posture

Civil / Liability and Causation Judgment After Trial

Legal Issues

  1. 1 Whether the Heads of Terms created binding contractual obligations
  2. 2 Which law governs the Heads of Terms (UAE or English law)
  3. 3 Whether the claim is time-barred

Ratio Decidendi

Clauses 1 and 7 of the Heads of Terms created binding contractual obligations under English law. Clause 7 imposed a continuing negative obligation on the Defendant not to circumvent the Claimant in the Dubai bus tour business. The Defendant breached this by removing assets from Big Bus Dubai and facilitating Double Decker’s operation without the Claimant, amounting to a continuing breach. The claim is not time-barred, and the Claimant suffered loss measurable by negotiating damages.

Court Disposition

Claim for liability and causation upheld in favour of the Claimant.

Orders

  • Parties to provide draft order with case management directions for quantum and outstanding issues.