Sharma and another v Simposh Ltd

JurisdictionEngland & Wales
JudgeLord Justice Toulson,Lady Justice Black,Lord Justice Laws
Judgment Date23 November 2011
Neutral Citation[2011] EWCA Civ 1383
Docket NumberCase No: B2/2010/2830
CourtCourt of Appeal (Civil Division)
Date23 November 2011
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22 cases
  • Laditi and another v Marlbray Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 May 2016
    ...such contract was invalid for non-compliance with section 2, then the situation in the present case is analogous with that in Sharma and another v. Simposh Ltd [2011] EWCA Civ 1383; [2013] Ch. 23, another obviously relevant case which was not cited to us by either counsel at the oral heari......
  • Astra Asset Management UK v The Co-operative Bank Plc
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 10 April 2019
    ...reason for the payment has failed to materialise or, if it did exist, has failed to sustain itself”, for which definition it refers to Sharma v Simposh Ltd [2011] EWCA Civ 1383. It is helpful to cite paragraphs [21]–[25] of that case, where Toulson LJ said: “21. The agreement between the p......
  • Ahmad Zulfendi bin Anuar v Mohd Shahril bin Abdul Rahman
    • Malaysia
    • Court of Appeal (Malaysia)
    • 1 January 2022
  • Zavarco Plc v Tan Sri Syed Mohd Yusof Bin Tun Syed Nasir
    • United Kingdom
    • Chancery Division
    • 14 November 2017
    ...given by Professor Birks in his An Introduction to the Law of Restitution (1989), p 223 (cited with approval by the Court of Appeal in Sharma v Simposh Ltd [2013] Ch 23, para 24): "Failure of the consideration for a payment … means that the state of affairs contemplated as the basis or reas......
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2 firm's commentaries
  • Deposit Not Repayable Even Though Contract Was Void
    • United Kingdom
    • Mondaq United Kingdom
    • 16 January 2012
    ...and Kuruppu v Simposh Limited [2011] EWCA Civ 1383 S&K paid a deposit to Simposh under an oral agreement giving S&K an option to purchase a block of flats under construction at an agreed valuation. Simposh was to complete the construction within an agreed time and not to market the ......
  • BLG Monthly Update - January 2012
    • Canada
    • Mondaq Canada
    • 30 January 2012
    ...deposit but the underlying contract is void, can you get the deposit back? Not always. And not on the facts of Sharma v Simposh Ltd, [2011] EWCA Civ 1383, where the parties agreed orally that Sharma would pay a £55,000 non-refundable deposit in exchange for a promise that Simposh would comp......
1 books & journal articles
3 provisions
  • California Register, 2014, Number 24. June 13, 2014
    • United States
    • California Register
    • Invalid date
    ...File#2014–0507–02 MANAGED RISK MEDICAL INSURANCE BOARD ContinueMRMIP2013SubscriberSubsidy Section 25 of Assembly Bill (AB) 82 (Stats. 2013, ch. 23) amended subdivision (c) of Insurance Code section 12737 to give the Managed Risk Medical Insurance Board (Board) ongoing authority beyond 2013 ......
  • California Register, 2013, Number 48. November 29, 2013
    • United States
    • California Register
    • Invalid date
    ...File#2013–1104–05 MANAGED RISK MEDICAL INSURANCE BOARD ContinueMRMIP2013SubscriberSubsidy Section 25 of Assembly Bill (AB) 82 (Stats. 2013, ch. 23) amended subdivision (c) of Insurance Code section 12737 to give the Managed Risk Medical Insurance Board (Board) ongoing authority beyond 2013 ......
  • California Register, 2013, Number 47. November 22, 2013
    • United States
    • California Register
    • Invalid date
    ...1850 File#2013–1104–05 MANAGED RISK MEDICAL INSURANCE BOARD ContinueMRMIP2013SubscriberSubsidy Section 25 of Assembly Bill (AB) 82 (Stats. 2013, ch. 23) amended subdivision (c) of Insurance Code section 12737 to give the Managed Risk Medical Insurance Board (Board) ongoing authority beyond ......

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