Gregor Fisken Limited v Mr Bernard Carl
Will Hooper of Monckton Chambers appeared on behalf of Gregor Fisken Limited.
The widely reported case of Gregor Fisken Limited v Mr Bernard Carl  EWHC 1385 (Comm) involved one of the world’s rarest and most expensive cars, a $44m Ferrari 250 GTO Series 1 coupé, and its lost (and found) original gearbox. After a week-long trial in the High Court, it was held that the defendant seller was acting in breach of contract in failing to deliver the GTO’s original gearbox to the claimant buyer. The Court made an order for specific performance, requiring the seller to secure the delivery of the original gearbox to the buyer.
The dispute concerned a contract for the sale of a rare Ferrari 250 GTO Series 1 coupé (“the Agreement”, “the GTO”). The Agreement defined the contracting parties as being, (1) as “seller”, Mr Bernard Carl (“the Defendant”), and, (2) as “buyer”, Gregor Fisken Limited (“the Claimant”) “as agent for an undisclosed principal”. However, the Claimant’s signature did not indicate that the Claimant was signing as agent.
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