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
Legal Issues
- 1 Whether the claimant was instructed to market the yacht for sale in May 2010
- 2 Whether the claimant was the effective cause of the sale to Mr Miliavsky's company
- 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
Full Case Text
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