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England and Wales decisions
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The High Court dismissed both a claim for a share of sale proceeds and a counterclaim over alleged profit-sharing, finding no binding contract, estoppel, or settlement agreement.
Sousou Connect Ltd v Abel [2026] EWHC 665 (Comm) (20 March 2026)
The High Court dismissed SCL’s claim that an oral capital-introduction deal was struck at Annabel’s, and rejected its alternative quantum meruit claim.
O'Driscoll v Clayton (Junior) [2025] EWHC 2607 (Ch) (20 October 2025)
The High Court upheld an oral contract for the sale of a company holding land, and granted specific performance requiring transfer of the shares.
Cyberaxle Ltd v Moosavi [2025] EWHC 1231 (Ch) (21 May 2025)
Trial judgment on an oral cryptocurrency mining deal, ownership of 40 Ethereum, and alleged salary overpayments. The claimants succeeded on all issues.
H&P Advisory Ltd v Barrick Gold (Holdings) Ltd [2025] EWHC 562 (Ch) (12 March 2025)
The High Court held there was no contract appointing H&P Advisory as Randgold’s adviser, but found a restitutionary quantum meruit of US$2 million plus expenses.
The payment of £390,000 was not a loan but a payment made pursuant to an incomplete and uncertain oral profit share agreement between the parties. The agreement lacked sufficient certainty as to essential terms (including remuneration for unsold or retained properties and the effect of third-party profit shares) to be enforceable. Therefore, neither party is entitled to recover further sums from the other.
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The court dismissed a claim that US$30 million was an oral loan, finding the evidence instead supported the Defendants’ explanation that it was a service fee.
The parties entered into a binding oral contract on 3 August 2013 under which the claimant was to receive 15% of any improvement in terms (i.e., an offer exceeding £250,000 per acre) for the defendant's land, provided the claimant was an effective cause of the improvement. The claimant was not the effective cause of the eventual sale to Latimer, nor did any improved terms result from his actions. The contract precluded any claim in unjust enrichment. No sums are due to the claimant.
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There were no binding oral profit share agreements between Faris Al-Rawi and Sami Sidawi (or the other defendants) for the Draycott, Thurloe, or Cromwell projects; any expectation of profit share was a matter of honour and not legal obligation. In the KHN project, the formal documentation provided for a 12.5% profit share for Faris, but only after deduction of 5% interest on capital, resulting in no profit due. All services provided by Faris or his companies were remunerated by fees and commissions, and no further quantum meruit claim arises. Any quantum meruit claim is in any event time-barr…
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Holmes v Downing & Ors [2024] EWHC 2018 (Comm) (06 August 2024)
High Court commercial judgment on oral agreements for property intermediary fees, awarding £700,000 for CB161 and £200,000 for CB182.
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