Moran Yacht & Ship Inc v Pisarev & Anor Re 4YOU [2014] EWHC 1098 (Comm) (10 April 2014)

Moran Yacht & Ship Inc v Pisarev & Anor Re 4YOU [2014] EWHC 1098 (Comm) (10 April 2014)

The claimant was not instructed to market the yacht for sale in May 2010, acted on its own initiative, and was not the effective cause of the sale to Mr Miliavsky's company. No commission is payable. No personal liability arises for Mr Pisarev.

Citation
[2014] EWHC 1098 (Comm)
Parties
Claimant: Moran Yacht & Ship Inc.; First Defendant: Kirill Pisarev; Second Defendant: Galaxias Maritime Ltd.
Jurisdiction
England and Wales
Judgment Date
10 April 2014
Procedural Posture
Commercial Claim for Commission / High Court Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Brokerage Commission, Agency, Effective Cause, Inducing Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Moran Yacht & Ship Inc.

Claimant

Kirill Pisarev

First Defendant

Galaxias Maritime Ltd.

Second Defendant

Procedural Posture

Commercial Claim for Commission / High Court Judgment After Trial

  1. 1 Whether the claimant was instructed to market the yacht for sale in May 2010
  2. 2 Whether the claimant was the effective cause of the sale to Mr Miliavsky's company
  3. 3 Entitlement to commission and quantum

Ratio Decidendi

The claimant was not instructed to market the yacht for sale in May 2010, acted on its own initiative, and was not the effective cause of the sale to Mr Miliavsky's company. No commission is payable. No personal liability arises for Mr Pisarev.

Court Disposition

Claim dismissed

Orders

  • Claim for commission dismissed
  • No order for commission against either defendant