England and Wales Case Law

Safe Transport (South West) Limited v The Pallet Network Limited

The court granted the interlocutory injunction, finding a serious issue to be tried regarding the validity of the 2024 Agreements, that damages would not be an adequate remedy for the claimant due to the risk of business destruction, and that the balance of convenience favoured the claimant given the existential threat to its business and the purely financial prejudice to the defendant, despite the claimant's inability to meet a cross-undertaking in damages.

Source excerpt

• Interlocutory injunctions
• Authority of agents
• Adequacy of damages
• Balance of convenience
• Penalty clauses
• Misrepresentation

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Tangent Properties (North) Ltd v Evans Homes (Skelton) No 2 Limited

The court held no binding 10% profit-share contract existed, rejected estoppel, and found the claimant entitled only to a reasonable fee for services, subject to limitation.

• Formation of contract
• Certainty of terms
• Intention to create legal relations
• Estoppel by representation
• Remedies for unjust enrichment
• Authority of agents

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A1 & Ors v P

A1 & Ors v P [2025] EWHC 3372 (Comm) (19 December 2025)

Section 67 arbitration challenge decided that A1 and A3 were not bound by the engagement, while A2’s jurisdiction objection was barred by section 73.

• Jurisdiction of arbitral tribunal
• Authority of agents
• Ratification
• Loss of right to object
• Interpretation of arbitration agreements
• Arbitration-jurisdiction

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Al Othman Holding Company v Al Rajhi Holding WLL

Commercial Court decision on authority, ratification and limitation in a disputed $5 million loan arrangement. The claim was dismissed as time barred.

• Authority of agents
• Ratification
• Limitation periods
• Loan agreements
• Ostensible authority
• Agency-law

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Al Othman Holding Company v Al Rajhi Holding WLL

Al Othman Holding Company v Al Rajhi Holding WLL [2025] EWHC 3078 (Comm) (21 November 2025)

Commercial Court claim over an alleged US$5 million loan failed after the court found no binding loan agreement, no effective acknowledgment, and no extension.

• Authority of agents
• Ostensible authority
• Ratification
• Limitation period
• Loan agreements
• Corporate governance

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Cape Intermediate Holdings Ltd & Anor v Protopapas & Ors (Rev2)

Cape Intermediate Holdings Ltd & Anor v Protopapas & Ors (Rev2) [2025] EWHC 2706 (Ch) (20 October 2025)

The High Court refused to restrain De Beers from settling South Carolina proceedings with a receiver whose authority was disputed, and varied an existing injunction to avoid contempt risk.

• Recognition of foreign receivership
• Injunctions
• Contempt of court
• Settlement of foreign proceedings
• Authority of agents
• Tort of acting without authority

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Xtellus Capital Partners Inc v DL Invest Group PM SA

Xtellus Capital Partners Inc v DL Invest Group PM SA [2025] EWHC 1989 (Comm) (28 July 2025)

The High Court held that DL Invest Group PM S.A. was the contracting party, had held out Dominik Leszczyński as authorised, and owed Xtellus the success fee.

• Authority of agents
• Apparent authority
• Ratification
• Contract formation
• Remuneration under contract
• Interpretation of commercial contracts

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Xtellus Capital PArtners Inc v DL Invest Group PM SA

The Defendant was the contracting party to the Mandate; Dominik Leszczyński had ostensible authority to bind the Defendant, or alternatively, the Mandate was ratified by the Defendant through the conduct of its officers. The obligation to pay was triggered when Psary Invest II sp. z o.o. (an SPV within the Defendant's group) completed financing with Macquarie Euro Limited, which falls within the definition of 'Macquarie Capital' under the Mandate. Xtellus performed the required services and is entitled to the success fee.

Source excerpt

• Authority of agents
• Ratification
• Interpretation of contracts
• Remuneration under mandates

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Safe Transport (South West) Ltd v The Pallet Network Ltd

Safe Transport (South West) Ltd v The Pallet Network Ltd [2025] EWHC 396 (Ch) (26 February 2025)

Interim injunction granted in a contract dispute over alleged 2024 agreements, with the court finding damages inadequate and the balance of convenience in the claimant’s favour.

• Interim injunctions
• Authority of agents
• Contractual validity
• Adequacy of damages
• Balance of convenience
• Interim-injunctions

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Clifford Chance LLP & Anor v Société Générale SA

The Court of Appeal dismissed Société Générale’s appeal, holding on the evidence that Clifford Chance LLP was not bound by the French jurisdiction clause and refusing a stay of CC Europe’s claim.

• Exclusive jurisdiction clauses
• Authority of agents
• Negative declaratory relief
• Stay of proceedings
• Forum non conveniens
• Exclusive-jurisdiction-clauses

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