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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Abu Dhabi Investment Company & Ors v H Clarkson & Company & Ors [2008] EWCA Civ 699 (26 June 2008) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2008/699.html Cite as: [2008] EWCA Civ 699 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION COMMERCIAL COURT
THE HON MR JUSTICE TOMLINSON
Strand, London, WC2A 2LL |
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B e f o r e :
LADY JUSTICE HALLETT
and
LORD JUSTICE LAWRENCE COLLINS
____________________
ABU DHABI INVESTMENT COMPANY &ORS |
Appellant |
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- and - |
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H CLARKSON & COMPANY & ORS |
Respondent |
____________________
John Pike (instructed by Alen-Buckley & Co) for the Respondent
Hearing dates : 13th and 14th May 2008
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Crown Copyright ©
Lord Justice May :
Introduction
The fraudulent misrepresentations
The joint venture
a) A Letter of Intent dated 31st May 1999 from ADIC to Mr Steiger;b) A Memorandum of Agreement dated 22nd November 1999 between ADIC and Norasia;
c) A Shareholder's Agreement dated 3rd July 2000 between 3rd July 2000 between ASH and Norasia;
d) An Accession and Amendment Agreement dated 1st August 2000 between Norasia, ASH and ASMIC;
e) Sale Agreements dated 24th September 2000 for the sale and purchase of each of the 10 vessels.
The judge's decision
The application for permission to appeal
The judge's decision
The appeal
Hallett LJ: I agree.
Lawrence Collins LJ: I also agree