Achom & Ors v Lalic & Ors

Achom & Ors v Lalic & Ors

No binding contract or partnership was concluded between the parties, nor did a Pallant v Morgan equity or proprietary estoppel arise. The claimants are, however, entitled in principle to restitutionary relief for payments made and services provided in connection with the Scotch venture, as these were made in the mistaken belief of having acquired rights or in anticipation of a contract that did not materialise.

Parties
Claimant: Frederic Uchechukwu Achom; Claimant: Alexander Charles Nicholl; Claimant: Boington Anthony Grant; Defendant: Tihomir Lalic; Defendant: Vahram Papazyan; Defendant: Alula Leisure Limited
Jurisdiction
England and Wales
Judgment Date
10 June 2014
Procedural Posture
Civil / Judgment After Trial
Outcome
Claimants entitled in principle to restitution; all other claims dismissed.
Legal Topics
Partnership, Proprietary Estoppel, Pallant V Morgan Equity, Restitution for Unjust Enrichment, Conspiracy, Procuring Breach of Contract
Equity Contract Law Restitution Company Law Tort Law Partnership Proprietary Estoppel Pallant V Morgan Equity +3 more

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Parties

Frederic Uchechukwu Achom

Claimant

Alexander Charles Nicholl

Claimant

Boington Anthony Grant

Claimant

Tihomir Lalic

Defendant

Vahram Papazyan

Defendant

Alula Leisure Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether a binding contract existed between the parties regarding ownership of the Scotch venture
  2. 2 Whether a partnership existed between the parties
  3. 3 Whether a Pallant v Morgan equity or proprietary estoppel arose in favour of the claimants

Ratio Decidendi

No binding contract or partnership was concluded between the parties, nor did a Pallant v Morgan equity or proprietary estoppel arise. The claimants are, however, entitled in principle to restitutionary relief for payments made and services provided in connection with the Scotch venture, as these were made in the mistaken belief of having acquired rights or in anticipation of a contract that did not materialise.

Court Disposition

Claimants entitled in principle to restitution; all other claims dismissed.

Orders

  • Inquiry to determine the extent of restitutionary relief due to the claimants for payments made and services provided in connection with the Scotch venture.