England and Wales Case Law

Quest Fund Placement Limited v FSI SGR SpA

Summary judgment is refused because the contractual construction is difficult, the factual matrix is incomplete and disputed, and there is a real prospect that further evidence at trial could materially affect the outcome. The contract is poorly drafted and contains internal tensions regarding the definition and scope of 'Prospective Investors', and the exclusions in Schedules A and B. The court's preliminary view is that the Placement Fee is likely limited to investors introduced by Quest, but this is not definitively decided at this stage.

Source excerpt

• Contractual interpretation
• Commission agency
• Summary judgment
• Private equity placement fees

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Gama Aviation FZC v Bin Otaiba Investment Group

The Agreement was not validly terminated by BOIG's 24 March 2022 email as it failed to comply with contractual notice requirements. GAF was entitled to recharge all maintenance and parking costs under the Agreement, provided they were reasonable and in accordance with industry practice. GAF complied with reporting and budgeting obligations. GAF validly exercised a contractual lien over the Aircraft. BOIG's counterclaim for wrongful detention and losses failed as GAF acted within its contractual rights and BOIG's non-engagement caused the delay.

Source excerpt

• Contractual interpretation
• Lien
• Maintenance agreements
• Termination
• Interest on late payments
• Parking charges

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Alphier Capital Two LLP v Blyvoor Gold Capital (Pty) Ltd

Exotix was entitled to a fee under the Tripartite Agreement only if its actions helped to place the investments with Orion. The court found that Exotix performed the required services and its actions contributed to securing the Orion funding, satisfying the contractual requirements. The express terms did not require a stricter 'effective cause' standard, nor was such a term implied.

Source excerpt

• Brokerage agreements
• Success fee entitlement
• Contractual interpretation
• Implied terms
• Effective cause requirement

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Sahara Energy Resource Limited v Societe Nationale de Raffinage SA

The Joint Report was a binding legal agreement covering the 2013 Outstanding on Principal, Reconciled Claims, and the Undisputed Claims (Incremental Interest and FX Differential). There was no express or implied condition that Government of Cameroon approval was required for the agreement to be binding. Clause 26 did not cover the claim for Penal Charges, as its scope was limited to losses arising from the exercise of remedies under that clause, not general indemnity for external charges.

Source excerpt

• Contractual interpretation
• Damages for breach of contract
• Indemnity clauses
• Limitation of actions

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Darchem Engineering Limited v Bouygues Travaux Publics & Anor

Darchem was not a Party as defined by the Subcontract and could not unilaterally commence adjudication proceedings; the Subcontract contemplated only the JV as a Party, not its constituent entities.

Source excerpt

• Adjudication enforcement
• Joint venture liability
• Contractual interpretation

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Pandora Jewellery UK Ltd & Anor v EML Payments Europe Ltd

Pandora Jewellery UK Ltd & Anor v EML Payments Europe Ltd [2026] EWHC 1047 (Comm) (06 May 2026)

The High Court held that EML’s duty to make breakage payments ended when the agreement terminated, and dismissed the claim for Expired Funds.

• Contractual interpretation
• Resulting trusts
• Summary judgment
• Gift card schemes
• Breakage payments
• Contractual-interpretation

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D Nuttall UK Limited v The Commissioners for HMRC

Although the contractual analysis indicated that ROBO was providing transport services to the Appellant, the economic and commercial reality was that ROBO merely made its trucks available to the Appellant, who used them in its business as if it owned them. The Appellant controlled and bore the costs of the disputed supplies, and thus was the true recipient for VAT purposes and entitled to input tax credit.

Source excerpt

• Value added tax
• Input tax credit
• Contractual interpretation
• Economic and commercial reality
• Supply of goods and services

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Mace Construct Ltd v Baltic Investment Holdings Ltd

Mace Construct Ltd v Baltic Investment Holdings Ltd [2026] EWHC 976 (TCC) (28 April 2026)

The High Court partly granted declaratory relief over a construction contract, confirming incorporation of derogation documents and limited design responsibility, but refusing planning and completion-date declarations.

• Contractual interpretation
• Design responsibility
• Extensions of time
• Planning consents
• Adjudication
• Contractual-interpretation

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Mace Construct Limited v Baltic Investment Holdings Limited

The court granted declarations confirming incorporation of contract documents and limiting Mace’s design responsibility for derogation items until instruction, but refused declarations on planning delay risk and adjudicator powers.

• Contractual interpretation
• Design responsibility
• Extensions of time
• Planning permissions
• Adjudication powers
• Contractual-interpretation

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A Harper & Ors v Alliance Healthcare Management Services Ltd

The EAT dismissed an overtime pay appeal, holding the Staff Handbook did not apply to drivers and limiting the case to the pleaded issues and agreed list.

• Unlawful deduction from wages
• Contractual interpretation
• Overtime pay
• Collective agreements
• Unlawful-deduction-from-wages
• Overtime-pay

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