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Breaching payment obligations under agency agreements in the case of Aston Martin MENA Ltd v Aston Martin Lagonda Ltd

15th Jan 2024

Alexander Whatley has written, for LexisNexis, an article about breaching payment obligations under agency agreements in the case of Aston Martin MENA Ltd v Aston Martin Lagonda Ltd. The analysis highlights the partially-successful claim, following trial, brought against this well-known manufacturer of luxury cars by its exclusive distributor in the Middle Eastern, North Africa and Turkish (‘MENA’) region.

Both parties had entered into an agency agreement which the distributor had terminated upon alleged breaches of payment obligations. The claim also included numerous allegations of breaches of good faith. The court found that the claimant had been entitled to terminate the agency agreement for non-payment.

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Seeking the dismissal of a winding-up petition Tanfield (as executor of the Estate of Paul Watkins and another company v Meadowbrook Montessori Ltd)

23rd Jul 2024

Rebecca Farrell has written an article for LexisNexis regarding a landlord’s winding-up petition for £167,593.41 against a company incorporated to run a school which was dismissed. The court found there was a strongly arguable case that the bulk of the petition debt did not represent rent arrears payable, but rather a purchase price payable for shares in the company. The court also accepted that there was a cross-clam with a real prospect of success in a sum of at least £546,000 in general damages and potentially exemplary damages as well. The company had raised a strongly arguable case that the purported forfeiture of the lease by physical re-entry between the first and second hearing of the petition (causing the abrupt closure of the school) was unlawful, amongst other arguments in the cross claim.

This article was first published by LexisNexis on 23 July 2024.

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