Winch Design Ltd v Le Souef; Somnio Superyachts Pty Ltd (Third Party) [2025] EWHC 120 (Comm) - King's Bench Division, Commercial Court (Lesley Anderson KC, sitting as a Deputy High Court Judge - 23 January 2025

Sale of yacht - Identity of contracting parties - Rectification - Construction of payment obligations - Whether payment required in advance of performance - Whether contract varied by express agreement

Winch Design Ltd was an English company providing design services in relation to the manufacture of, amongst other things, luxury yachts. The non-executive chairman at the relevant time was Mr Beharrell. Mr Le Souef was an Australian entrepreneur and the co-founder with Captain Bredhe of the Australian company Somnio Superyachts Pty Ltd. Somnio was established in 2007 as a special purpose vehicle for the Project of obtaining a superyacht.