Ali Tabari acted for the successful defendant in London Business House Ltd v Pitman Training Ltd  EWHC 1077 (Comm) after a 4-day trial before HHJ Worster sitting as a High Court Judge.
The claimants had claimed for rescission of a franchise agreement based on misrepresentations allegedly made in the lead-up to the contract, and for damages for breach of the franchise agreement by failing to give the claimants exclusivity within the Nottingham area. The Judge found that, on the facts, the alleged misrepresentations were not made out, relying on matters arising from Ali’s cross-examination of the claimant company’s director; further, the Judge found that, as a matter of law, the claim failed on causation, and in any event there was no recoverable loss.
The judgment also contained three other matters of significance, all of which were successfully argued by Ali: firstly, that the claim was only properly brought against the first defendant (as had been pleaded in the Defence from the outset); secondly, that the evidence of an absent witness ought to be given substantial weight, even in the absence of a formal hearsay notice; thirdly, that a contempt application against a witness for the defendant ought to be dismissed.
Ali was instructed for the defendants by James Barrett of Hamilton Pratt Solicitors.
Written by Justin Luckman
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