April 22, 2022
The High Court has recently given judgment in Asher & Others v Jaywing plc [2022] EWHC 893 (Ch). Joseph Wigley and Josh O’Neill acted for the successful defendant PLC in a two-week trial before Robin Vos (sitting as a Deputy Judge of the High Court).
The claim was brought on the basis that the Defendant company owed substantial earn-out payments to the Claimants under a share sale and purchase agreement. These were said to arise from an oral agreement, or alternatively estoppel, or alternatively as damages for breach of the sale and purchase agreement itself.
The Judge found for the Defendant company on all three aspects of the claim: there was no oral agreement (which would have been ineffective in any event on account of a No Oral Variation Clause), nor was there an estoppel, nor any damages which could be said to have resulted from the breach of the sale and purchase agreement.
A copy of the judgment can be found here.
