BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
BUSINESS LIST (ChD)
7 Rolls Buildings Fetter Lane London EC4A 1NL |
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B e f o r e :
(sitting as a Judge of the Chancery Division)
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(1) CYBERAXLE LIMITED (2) VANESSA MANASSEH |
Claimants |
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- and – |
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MORTEZA MOOSAVI |
Defendant |
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Mr. Manus Egan for the Defendant
Hearing dates: 4, 5 and 6 February 2025
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Crown Copyright ©
Ian Karet:
Introduction
The witnesses
The mining dispute
Discussion
"In Maggs v Marsh, Smith LJ, approving the equivalent passage in the previous edition of this book, said:
"…Determining the terms of an oral contract is a question of fact. Establishing the facts will usually, as here, depend upon the recollections of the parties and other witnesses. The accuracy of those recollections may be tested and elucidated by things said and done by the parties or witnesses after the agreement has been concluded. Receiving evidence of such words or actions does not mean that the judge is losing sight of his task of deciding what the parties agreed at the time of the contract. It is simply helping him to decide whose recollection is right. It is not surprising to me that the editor of Lewison should observe that there is nothing in the authorities to prevent the court from looking at post-contract actions of the parties. As a matter of principle, I can see every reason why such evidence should be received."
The Ethereum dispute
Discussion
The salary dispute
Discussion
Conclusion