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Gregor Fisken Ltd (respondent/claimant) –v- Carl (appellant/defendant)

18th – 19th May 2021

The Defendant appeals against the order of HHJ Pearce dated 29th June 2020.

This case arises from a contract dated 18 October 2017 for the sale of a Ferrari 250 GTO (the GTO). Whilst the GTO has been delivered to the Claimant’s order, its original gearbox numbered N2 (the Gearbox), which was not with the car at the time of delivery, has not. The Gearbox is currently with a Ferrari specialist in California, Canepa Group Inc, held to the Defendant’s order, subject to a court order obtained by the Claimant preventing its disposal. The Claimant sought an order that the Defendant secure delivery up of the Gearbox. The Defendant resisted an order for delivery up, at least without the payment of a fee $500,000 (the Fee). He also seeks damages for loss of use of the Fee.

In his Order of 29th June HHJ Pearce ordered the Defendant to procure and secure delivery of the Gearbox to the Claimant at his expense, dismissed the counterclaim and made consequential costs orders. The Defendant now seeks to appeal this decision.

Lower Court Judgment:

https://www.bailii.org/ew/cases/EWHC/Comm/2020/1385.html

View hearing:

Part 1

Part 2

Part 3

Part 4