Bradmount Investments Ltd. v Williams De Broe Plc & Ors

Bradmount Investments Ltd. v Williams De Broe Plc & Ors

Bradmount's claims fail because (1) Mr Mountain did not sign the December Heads of Agreement, so no liability arises under clause 12.2; (2) WdB's conduct, even if in breach, was acquiesced in by Bradmount, precluding any remedy; (3) there was no implied term preventing WdB from advising PMO against Bradmount's involvement; (4) PMO and Mr Mountain did not know of the August agreement before engaging WdB, so cannot be liable for inducing breach; and (5) Bradmount suffered no loss as it would not have secured the claimed benefits even absent the alleged breaches.

Parties
Claimant: Bradmount Investments Limited; Defendant: Williams De Broe Plc; Defendant: PM Onboard Limited; Defendant: Geoffrey Mountain
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Civil / Judgment After Trial
Outcome
All claims dismissed
Legal Topics
Breach of Contract, Inducement of Breach of Contract, Damages, Acquiescence, Implied Terms, Corporate Finance, Stock Exchange Flotation
Contract Law Tort Law Company Law Breach of Contract Inducement of Breach of Contract Damages Acquiescence Implied Terms +2 more

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Parties

Bradmount Investments Limited

Claimant

Williams De Broe Plc

Defendant

PM Onboard Limited

Defendant

Geoffrey Mountain

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Williams De Broe Plc breached the August agreement by acting for PMO without Bradmount's written consent
  2. 2 Whether PMO and Geoffrey Mountain induced breach of contract by engaging WdB without Bradmount's consent
  3. 3 Whether Bradmount is entitled to damages for breach of contract or tort

Ratio Decidendi

Bradmount's claims fail because (1) Mr Mountain did not sign the December Heads of Agreement, so no liability arises under clause 12.2; (2) WdB's conduct, even if in breach, was acquiesced in by Bradmount, precluding any remedy; (3) there was no implied term preventing WdB from advising PMO against Bradmount's involvement; (4) PMO and Mr Mountain did not know of the August agreement before engaging WdB, so cannot be liable for inducing breach; and (5) Bradmount suffered no loss as it would not have secured the claimed benefits even absent the alleged breaches.

Court Disposition

All claims dismissed