03 January 2019
Agreement
Pluczenik Diamond Company NV v W Nagel (a firm) [2018] EWCA Civ 2640, [2018] All ER (D) 09 (Dec)
There was no reasonable basis for the attempted challenge to the judge’s finding that the thrust of an oral agreement reached was that the defendant would retain the claimant as its broker for as long as the defendant had a sight with the third- party diamond seller. Accordingly, the Court of Appeal, Civil Division, dismissed the defendant’s appeal against the judge’s ruling that it had been in breach of contract in terminating its relationship with the claimant.
Contract
Astor Management AG (formerly known as MRI Holdings AG) and another company v Atalaya Mining plc (formerly known as EMED Mining Public Ltd) and other companies [2018] EWCA Civ 2407, [2018] All ER (D) 05 (Dec)
The correct construction of a master agreement meant that the defendants’ obligation to pay the deferred consideration in return for the purchase of the claimants’ interests in a copper mine, had not been triggered. Accordingly, the Court of Appeal, Civil Division,
