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 contracted with Turner as seller; he was acting for business purposes, not as a consumer, so the Unfair Terms in Consumer Contracts Regulations 1999 did not apply; the share transfers constituted a 'transaction' under the agreement, entitling Turner to the minimum commission.

Citation
[2010] EWHC 2078 (QB)
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) / High Court Trial, Final 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

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Parties

Turner & Co (GB) Ltd

Claimant/respondent

Fatah Abi

Defendant/appellant

Procedural Posture

Civil (contractual Dispute) / High Court Trial, Final Judgment

Legal Issues

  1. 1 Whether Mr Abi personally contracted with Turner or acted as agent for the company
  2. 2 Whether the Unfair Terms in Consumer Contracts Regulations 1999 apply to the agreement
  3. 3 Whether the share transfers constituted a 'transaction' triggering commission under the agreement

Ratio Decidendi

Mr Abi personally contracted with Turner as seller; he was acting for business purposes, not as a consumer, so the Unfair Terms in Consumer Contracts Regulations 1999 did not apply; the share transfers constituted a 'transaction' under the agreement, entitling Turner to the minimum commission.

Court Disposition

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

Orders

  • Defendant to pay Turner & Co (GB) Ltd £10,000 plus VAT