In the latest episode of On the Case, James Souter, partner at Charles Russell Speechlys, analyses the Court of Appeal decision in Generator Developments Ltd v Lidl UK GmbH [2018] EWCA Civ 396; [2018] PLSCS 46 - a dispute in which the supermarket chain fended off a claim from a developer that it had had joint venture negotiations with prior to buying a near £7m development site.
Souter outlines the key facts of the decision, what the court decided and how developers that find themselves in Generator's position can best protect themselves - as well as explaining how the decision may make it less likely that courts will apply a Pallant v Morgan [1953] Ch 43 equity in the future.
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