![CL-2022-000025 - [2025] EWHC 2331 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
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Neutral Citation Number: [2025] EWHC 2331 (Comm)
Case No: CL-2022-000025
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 12/09/2025
Before :
SIMON BIRT KC
(Sitting as a Deputy Judge of the High Court)
Between :
VADIM PERELMAN | Claimant |
- and - | |
GEORGE KERR | Defendant |
Saul Lemer (instructed by Mishcon de Reya LLP) for the Claimant
TheDefendant appeared in person
Hearing dates: 16, 17, 18, 26 June 2025
Further written submissions: 31 July, 5 August 2025.
Approved Judgment
This judgment was handed down remotely at 10.30am on 12 September 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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SIMON BIRT KC
- Heading
- Simon Birt KC
- Factual background
- The period post 19 June 2021
- The issues
- The trial
- Certain matters of background and context
- Were the SPA and the ROFR legally binding agreements?
- SPA – intention to create legal relations
- SPA – alleged lack of certainty
- The ROFR
- Conclusion on the legally binding nature of the SPA and ROFR
- Terms of the SPA
- The “Electronic Settlement Implied Term”
- The “Co-operation Implied Term”
- Was time of the essence?
- Was the SPA varied such that settlement was to be effected electronically through JP Morgan?
- Has the SPA been terminated?
- Specific Performance
- Was performance of the ROFR contingent upon performance of the SPA?
- Other matters
- The Model Code and “dealing”
- Damages
- The experts’ views
- Discussion
- Mitigation
- Conclusion on damages
- Conclusions