Court Of Appeal, Civil Division Essay

951 WordsOct 30, 20164 Pages
Grant v Bragg [2009] EWCA Civ 1228 COURT OF APPEAL, CIVIL DIVISION LORD NEUBERGER, SMITH LJ AND SULLIVAN LJ 20 OCTOBER 2009 A CASE NOTE FACTS: In this case, Grant v Bragg & Anor [2009] , one of the parties, Bragg, made an appeal concerning an earlier decision made in the Chancery Court by Mr. Edward Bartley Jones QC. The two parties were business partners who held equal shares in a company. With the aid of a third party, a contractual agreement had been propounded entailing that the claimant sold his shares worth £346,760 to the defendant. Correspondence concerning the contract was done mostly via email and it involved a series of e-mails between the third party and the respondent. The first e-mail contained a formal proposal of the agreement to Mr. Grant. Subsequent e-mails were debates concerning the terms of agreement and in the final e-mail sent by the claimant, he had consented to selling his shares to the other party "… in the interests only of clearing any impediments apart, I confirm that I am prepared to enter into that agreement in its original form" Problems arose when Mr. Grant had begun a new company with the belief that he was no longer had shares in the first but Mr. Bragg opposed the existence of the contract between them. While the Chancery court upheld the claim that both parties had entered a contract through the other party’s positive response to the initial mail sent, the appellant opposed the judge’s decision and made an appeal in the higher court

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