The Court of Appeal has backed a High Court ruling that William Sturges & co, which acted as solicitor and agent to Braymist Ltd, was entitled to substantial damages from Wise Finance Ltd following the breach of a property deal that Wise failed to complete in respect of the purchase of land in Chudleigh, Devon. At the time of the deal, Braymist was not an incorporated company and, technically, could not exist to make such a contract.
Upholding the High Court ruling, Arden LJ said that it was of no matter to Wise whether the party selling the property was Braymist or Sturges acting as Braymists agent. She accordingly found that the High Court judge was right to treat the case as he did.
Wise had denied there had ever been any contractual obligation arising under the purchase agreement as Braymist had not officially existed at the date of the agreement.
Braymist Ltd and others v Wise Finance Co Ltd Court of Appeal (Judge, Latham and Arden LJJ) 20 February 2002.
Barbara Rich (instructed by William Sturges & Co) appeared for the forth claimant, William Sturges & Co; Mark Blackett-Ord (instructed by Tarran Jones & Co, of Crawley) appeared for the defendant.
PLS News 22/02/02
