Parallel Media LLC v Chamberlain & Anor

Parallel Media LLC v Chamberlain & Anor

The claimant failed to prove that any actionable representations were made by the defendants; the evidence showed that the relevant statements were warranties, not representations, and the only breach established was of the warranty in clause 4.2 of the Share Sale Agreement, entitling the claimant to nominal damages of £2.

Parties
Claimant: Parallel Media LLC; Defendant: William Chamberlain; Defendant: Marilyn Chamberlain
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimant in nominal damages
Legal Topics
Fraudulent Misrepresentation, Breach of Warranty, Damages, Company Law
Contract Law Tort Law Fraudulent Misrepresentation Breach of Warranty Damages Company Law

Case Brief

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Parties

Parallel Media LLC

Claimant

William Chamberlain

Defendant

Marilyn Chamberlain

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants made fraudulent misrepresentations to induce the claimant into the transaction
  2. 2 Whether there were breaches of warranties in the Share Sale Agreement
  3. 3 Whether the claimant is entitled to damages for breach of contract or misrepresentation

Ratio Decidendi

The claimant failed to prove that any actionable representations were made by the defendants; the evidence showed that the relevant statements were warranties, not representations, and the only breach established was of the warranty in clause 4.2 of the Share Sale Agreement, entitling the claimant to nominal damages of £2.

Court Disposition

Judgment for the claimant in nominal damages

Orders

  • Defendants to pay the claimant £2 jointly and severally for breach of warranty in clause 4.2 of the Share Sale Agreement