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England and Wales Case Law

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Contract law

DMA Resources Limited v Brazilian Nickel Limited

The High Court rejected a contract claim for a broker fee but held DMA Resources was entitled in unjust enrichment to a 5% commission on RCF’s equity investment.

  • Introduction/brokerage fees
  • Quantum meruit
  • Effective cause
  • Commission calculation
  • Implied contract
  • Remoteness of damages
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Arbitration [2025] EWHC 711 (Comm)

ABC v DEF

ABC v DEF [2025] EWHC 711 (Comm) (19 March 2025)

The High Court declared that the claimant was not bound by the arbitration agreements in two supply contracts and awarded costs on the standard basis.

  • Arbitration agreement validity
  • Jurisdiction of arbitral tribunal
  • Corporate personality
  • Implied contract
  • Costs assessment
  • Arbitration-agreement-validity
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Employment law

W v Highways England & Ors

The tribunal was correct to find no implied contract between the appellant and KPMG, but erred in striking out claims under section 47B ERA and sections 13, 26, and 112 EqA, as KPMG could potentially be liable without a direct contractual relationship; fact-sensitive issues regarding agency and aiding contraventions require a full hearing and cannot be determined on strike out.

  • Whistleblowing
  • Protected disclosures
  • Sex discrimination
  • Victimisation
  • Implied contract
  • Agency
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Arbitration [2023] EWHC 880 (Comm)

Emirates Shipping Line DMCES v Gold Star Line Ltd

Emirates Shipping Line DMCES v Gold Star Line Ltd [2023] EWHC 880 (Comm) (25 April 2023)

The High Court held that a slot purchase contract was separate from a 2018 MOU and that no estoppel or incorporation of its arbitration clause was shown.

  • Arbitration agreement formation
  • Jurisdiction of arbitral tribunal
  • Estoppel
  • Implied contract
  • Slot purchase agreements
  • Consortium agreements
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Contract law [2023] EWHC 108 (Comm)

Fenchurch Advisory Partners Llp v AA Ltd

Fenchurch Advisory Partners Llp v AA Ltd [2023] EWHC 108 (Comm) (24 January 2023)

Commercial Court fee dispute over Project Zodiac. The court held no binding contract was formed, but Fenchurch recovered a reasonable fee in restitution.

  • Contract formation
  • Implied contract
  • Restitution for unjust enrichment
  • Success fee triggers
  • Quantum meruit
  • Engagement letters in financial services
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Contract law

Fenchurch Advisory Partners LLP v AA Limited

The High Court held no binding contract was formed, but awarded Fenchurch restitution for services valued at £350,000 plus expenses, rejecting any success fee.

  • Contract formation
  • Implied contract
  • Restitution for services rendered
  • Quantum meruit
  • Authority of agents
  • Interpretation of contractual triggers
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Public procurement [2022] EWHC 413 (TCC)

Excession Technologies Ltd v Police Digital Service

Excession Technologies Ltd v Police Digital Service [2022] EWHC 413 (TCC) (25 February 2022)

The High Court held that a police surveillance procurement fell within the intelligence-activities exemption, time-barred one pricing complaint, and found no implied tender contract.

  • Procurement exemptions
  • Intelligence activities
  • Statutory time-bar
  • Implied contract
  • Public-procurement
  • Procurement-exemptions
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.