UK Court of Appeal Rejects Profit‑Sharing Claim in Hilbury Court Hotel Redevelopment

The UK Court of Appeal dismissed an appeal by EJW Builders Limited and its director Eamonn Wynne, who alleged that an oral partnership or contractual joint‑venture had entitled them to a share of profits from the redevelopment of the former Hilbury Court Hotel in Trowbridge. The claimants argued that they would receive reimbursement of costs, a weekly salary for Wynne, and a one‑third share of the development profits, citing a WhatsApp message referencing a build cost and profit share.

The Court found that while the parties discussed profit‑sharing, the documentary evidence did not establish a legally binding agreement. The trial judge’s finding that no partnership or joint‑venture existed was upheld, and the appeal was dismissed, leaving the owners, Audrey and Edward Marshall, in full control of the project under the existing JCT building contract.