Turner & Co (GB) Ltd v Abi [2010] EWHC 2078 (QB) (08 June 2010)

Turner & Co (GB) Ltd v Abi [2010] EWHC 2078 (QB) (08 June 2010)

Mr Abi personally entered into the agreement as seller; he was acting for business purposes, so the Unfair Terms in Consumer Contracts Regulations 1999 do not apply; the share transfers constituted a 'transaction' under the agreement, triggering Turner's entitlement to the minimum commission.

Citation
[2010] EWHC 2078
Parties
Claimant/respondent: Turner & Co (GB) Ltd; Defendant/appellant: Fatah Abi
Jurisdiction
England and Wales
Judgment Date
08 June 2010
Procedural Posture
Civil (contractual Dispute) / Trial Judgment
Outcome
Judgment for the claimant (Turner & Co (GB) Ltd)
Legal Topics
Agency, Commission Agreements, Unfair Terms in Consumer Contracts, Interpretation of Commercial Contracts
Contract Law Commercial Law Agency Commission Agreements Unfair Terms in Consumer Contracts Interpretation of Commercial Contracts

Case Brief

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Parties

Turner & Co (GB) Ltd

Claimant/respondent

Fatah Abi

Defendant/appellant

Procedural Posture

Civil (contractual Dispute) / Trial Judgment

Legal Issues

  1. 1 Whether Mr Abi personally entered into a binding agreement with Turner & Co (GB) Ltd as seller.
  2. 2 Whether the Unfair Terms in Consumer Contracts Regulations 1999 apply to the agreement and, if so, whether the terms are unfair.
  3. 3 Whether the share transfers constituted a 'transaction' under the agreement, triggering commission liability.

Ratio Decidendi

Mr Abi personally entered into the agreement as seller; he was acting for business purposes, so the Unfair Terms in Consumer Contracts Regulations 1999 do not apply; the share transfers constituted a 'transaction' under the agreement, triggering Turner's entitlement to the minimum commission.

Court Disposition

Judgment for the claimant (Turner & Co (GB) Ltd)

Orders

  • Defendant to pay £10,000 plus VAT to the claimant.