Chelsfield Advisers LLP v Qatari Diar Real Estate Investment Company and another

Contract – Construction. The proceedings concerned an agreement relating to the proposed redevelopment of the site of the embassy of the United States of America in Grosvenor Square. In determining the claimant, Chelsfield's, applications for summary judgment, the Chancery Division considered, among other things, whether the first defendant, QDDC, had a real prospect of success in establishing that the continuation of the agreement between the parties had to be dependant on the continued existence of a relationship of trust and confidence between them. The court allowed Chelsfield's application for summary judgment in respect of its claim for a declaration that the agreement remained in existence and had not been determined. It dismissed Chelsfield's application for summary judgment in respect of its claim for an order, among other things, requiring QDDC to instruct an expert to complete his determination of the terms of a subsidiary agreement.

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