Savills (UK) Ltd v Blacker & Anor (Rev 1) [2017] EWCA Civ 68 (16 February 2017)
The agency agreement, properly construed, entitled Savills to commission on the sale of the Estate even if the sale occurred prior to the grant of planning permission, and both Mr Blacker and Sidemanor were jointly and severally liable for payment of the commission.
- Citation
- [2017] EWCA Civ 68
- Parties
- Claimant/appellant: Savills (UK) Limited; Defendant/respondent: Peter Gordon Blacker; Defendant/respondent: Sidemanor Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 16 February 2017
- Procedural Posture
- Civil Appeal / Appeal From County Court Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Agency Agreements, Estate Agent Commission, Contract Interpretation, Joint and Several Liability
Case Brief
Summary, issues, holding and outcome
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Parties
Savills (UK) Limited
Claimant/appellant
Peter Gordon Blacker
Defendant/respondent
Sidemanor Limited
Defendant/respondent
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Legal Issues
- 1 Whether Savills was entitled to commission on a sale of the Estate prior to planning permission being granted
- 2 Who was liable to pay the commission under the agency agreement
Ratio Decidendi
The agency agreement, properly construed, entitled Savills to commission on the sale of the Estate even if the sale occurred prior to the grant of planning permission, and both Mr Blacker and Sidemanor were jointly and severally liable for payment of the commission.
Court Disposition
Appeal allowed
Orders
- Judgment for Savills (UK) Limited for commission on the sale of the Estate against both Peter Gordon Blacker and Sidemanor Limited, jointly and severally.
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