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Sam Neaman wins Court of Appeal franchise case

In Maurice MacNeill Iona Ltd (t/a Century 21 UK) v C21 London Estates Ltd [2018] EWCA Civ 1823, after achieving victory for his franchisee client in the High Court, Littleton’s Sam Neaman, leading Andy Feld of 20 Essex Street, has successfully defeated the Defendant’s Appeal to the Court of Appeal.

Upholding the judgment at first instance, Lewison LJ reaffirmed several propositions governing the construction of contracts, and pointed out that a term which is a condition for the entry into a contract is not the same as being a condition of the contract, once entered.

The case is a useful reminder of the proper role that oral evidence at trial plays in the interpretation of written contracts by the Judge, and the test for whether a term of a contract is a condition.

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