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	England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Express Newspapers v Telegraph Group Ltd [2002] EWCA Civ 402 (15 March 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/402.html Cite as: [2002] EWCA Civ 402

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IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
(The Vice-Chancellor
(Sir Andrew Morritt))

		Royal Courts of Justice Strand London WC2 Friday 15th March, 2002

1. LORD JUSTICE ALDOUS: Mr Brisby QC argues that within the scope of his pleading there is a self-standing allegation that there has been a breach of contract for failure to allow the directors back on the board. Mr Flint QC submits to the contrary.
2. In my view, Mr Flint's submissions are correct. The primary and sole case that was pleaded was that there had been an acceptance of the offer. That is clear, I believe, from the layout of the pleading, and in particular from paragraphs 27, 28, 29 and 30. Mr Flint is also right to contrast this pleading with that in the petition, which makes the point that there has been a breach of obligation for failure to allow the directors back on the board.
3. This is a case where if there had been an alternative case put forward the learned pleader would have made it clear. In my view, that is not the position.
4. LORD JUSTICE ROBERT WALKER: I agree.
5. LADY JUSTICE HALE: I also agree.
ORDER: The action is dismissed. (Order not part of approved judgment)