ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
His Honour Judge Shaun Spencer Q.C.
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE AIKENS
and
LORD JUSTICE VOS
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LAMYA NAGEH |
Claimant/ Appellant |
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- and - |
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DAVID GAME COLLEGE LTD and DAVID GAME |
Defendants/ Respondents |
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Mr. Simon Gorton Q.C. (instructed by Brodie & Co. ) for the respondents
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Crown Copyright ©
Lord Justice Moore-Bick :
The April 2005 document
The course of the proceedings
"14. The Defendants admit that a document bearing the signatures of the Second Defendant and of the Claimant and dated April 2005 was completed in or about April 2005. The Defendants make no admissions as to the circumstances of the creation and/or execution of the same.
. . .
16. In so far as it is, or may be, contended that the said document constitutes or evidences any new agreement, the same is denied. At most the same evidences a previous, or more than one, previous oral agreements between the Claimant and the Second Defendant."
and in paragraph 27 they set out their case in relation to the contractual position between the parties, namely, that any agreements were oral and contained certain terms which were then identified.
(i) there had never been any written agreement between the parties;(ii) Mr. Game did not sign the document; and (if necessary)
(iii) Ms. Nageh or others on her behalf had created the document with a view to gain.
The judgment
The appeal
"In an ordinary case, where an action is brought on a written agreement which is signed by the defendant, the agreement is proved by proving his signature, and, in the absence of fraud, it is wholly immaterial that he has not read the agreement and does not know its contents."
The cross-appeal
Lord Justice Aikens :
Lord Justice Vos :