Moran Yacht & Ship Inc v Pisarev & Anor Re 4YOU

Moran Yacht & Ship Inc v Pisarev & Anor Re 4YOU

The claimant was not instructed to market the yacht in May 2010 and, even if it had been, was not the effective cause of the eventual sale to Mr Miliavsky's company. There is no basis for a claim against Mr Pisarev personally.

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 (brokerage Commission) / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Brokerage Commission, Effective Cause, Implied Contract, Inducing Breach of Contract
Contract Law Tort Law Commercial Law Brokerage Commission Effective Cause Implied Contract Inducing Breach of Contract

Case Brief

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Parties

Moran Yacht & Ship Inc.

Claimant

Kirill Pisarev

First Defendant

Galaxias Maritime Ltd.

Second Defendant

Procedural Posture

Commercial Claim (brokerage Commission) / Judgment After Trial

Legal Issues

  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 Whether the claimant is entitled to commission

Ratio Decidendi

The claimant was not instructed to market the yacht in May 2010 and, even if it had been, was not the effective cause of the eventual sale to Mr Miliavsky's company. There is no basis for a claim against Mr Pisarev personally.

Court Disposition

Claim dismissed