The parties had previously worked to gether to provide ferry services on the Thames. A new tender to operate the services was not submitted. It was alleged that the Defendants had inequitably seized for themselves a business opportunity which the parties had agreed to secure jointly, and that the new licence was held in trust for all parties.
Held: There was no partnership; each company operated separately. Even so, the defendants were in breach of the agreement they made to make a joint tender and it was not conscionable for them to have made a bid without reference to the Claimant and to retain the benefit of that bid without recompense to the Claimant.
The Honourable Mr Justice Peter Smith
[2003] EWHC 3093 (Ch)
Bailii
England and Wales
Citing:
Cited – Pallant v Morgan ChD 1952
The agents of two neighbouring landowners orally agreed in the auction room that the plaintiff’s agent would refrain from bidding at auction and that the defendant, if his agent’s bid was successful, would divide the land according to an agreed . .
Cited – Banner Homes Group Plc v Luff Developments and Another CA 10-Feb-2000
banner_luffCA2000
Competing building companies agreed not to bid against each other for the purchase of land. One proceeded and the other asserted that the land was then held on trust for the two parties as a joint venture.
Held: Although there was no formal . .
Cited – Weiner v Harris CA 18-Nov-1909
The plaintiff, a manufacturing jeweller, was accustomed to send articles of jewellery to F, a retail jeweller, for sale on the terms of a letter written by F to the plaintiff, in which F, after acknowledging that he had had from the plaintiff ‘on . .
Cited – London and Regional Investments Ltd v TBI Plc and Others CA 22-Mar-2002
TBI was a property investor and developer with several subsidiaries. It agreed to sell some to London and Regional. The agreement provided for the vendor and the purchaser to use reasonable endeavours to agree the terms of a joint venture agreement . .
Cited – Hampton and Sons v Garrard Smith (Estate Agents) CA 2002
(Year?) A joint venture can give rise to an obligation for good faith as between the parties. . .
Cited – Brostoff v Clarke Kenneth Leventhal 11-Mar-1996
No partnership between supposed partners where genuinely separate businesses were carried on. . .
Cited – Seager v Copydex (No. 2) CA 1969
. .
Cited – Island Holdings Ltd v Birchington Engineering Co Ltd 7-Jul-1981
Two prospectively separate purchasers in a later ‘subject to contract’ arrangement between them had replaced their earlier concluded agreement as to how a property, if acquired, would be dealt with.
Held: Effect was to be given to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 August 2021; Ref: scu.188916
