On the Case: What Generator v Lidl means for joint ventures

 In the latest episode of EG Legal’s podcast series, James Souter, partner at Charles Russell Speechlys, analyses the recent Court of Appeal decision in Generator Developments Ltd v Lidl UK GmbH [2018] EWCA Civ 396; [2018] PLSCS 46. Generator v Lidl is a dispute in which the supermarket chain fended off a claim from a developer that it had joint venture negotiations with prior to buying a near £7m development site. Lord Justice Lewison has rejected developer Generator’s appeal, ruling that this was “a case of commercial parties, advised by lawyers, working at arms’ length towards the conclusion of an agreement for a purely commercial enterprise the terms of which were never agreed”. 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 so called Pallant v Morgan [1953] Ch 43 equity in the future.