A significant win for Greenwoods - Appeal Court confirms that a concluded and legally binding oral agreement was reached

The appeal was an attempt to overturn Mr Spooner’s success at trial last February in securing declarations from the court confirming the existence and terms of an oral agreement, for Mrs and Mr Johnson to end their business relationship with him, including for Mrs Johnson to transfer to him her share in a company benefitting from a lease over The George Hotel on the Isle of Wight.

Oral agreements, often referred to outside legal circles as verbal contracts or oral contracts, are notoriously difficult to prove.  Partner, Russell Strong, led the team advising, which also included Sara Roden, Eleni Nicolaou and Daniella Cha, instructing counsel, Tina Kyriakides of Radcliffe Chambers.  Their forensic attention to detail, tactical focus, and ability to include the client as a key team member, contributed to the successes at trial and on appeal.

Whilst the Appellate Judge upheld the declarations made by the Trial Judge, he did so on the basis of a different implied term, namely that Mrs Johnson would transfer her share to Mr Spooner within a reasonable time. A copy of the Judgment can be accessed via the link below.

This success on appeal was underpinned by the numerous factual findings the team succeeded in obtaining from the Trial Judge regarding what was agreed between the parties at a meeting at The George Hotel in July 2020.  Mrs Johnson had dishonestly denied that any agreement was negotiated or reached at the meeting, and Mr Spooner’s written evidence and oral evidence at trial was preferred. Permission to appeal various factual findings of the Trial Judge was appropriately refused.

Over the last nine months Russell and Sara have successfully brought and defended two high-profile claims at trial concerning oral agreements. Both cases were widely reported in the local and national press, with articles in the Daily Mail and The Times. They serve as an important reminder that it is essential to obtain legal advice promptly upon notice that the existence and/or terms of an agreement are likely to be disputed.

However, if you do find yourself in dispute about an oral agreement, Russell and his team have the skills and expertise to help. You can contact him via email at rjstrong@greenwoods.co.uk or by phone at +44 (0) 203 691 2086.

View the Judgment here.