Savills (UK) Ltd v Blacker & Anor (Rev 1)

Savills (UK) Ltd v Blacker & Anor (Rev 1)

The Court of Appeal held that the agency agreement, properly construed, entitled Savills to commission on the sale of the Estate even though the sale occurred prior to the grant of planning permission, as the Report's marketing strategy was not a prescriptive condition for payment. Both Mr Blacker and Sidemanor Limited were jointly and severally liable for the commission as they were the vendors of the properties included in the sale and the agreement did not exclude personal liability.

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
Construction of Contracts, Estate Agency Commission, Joint and Several Liability, Interpretation of Agency Agreements
Contract Law Agency Law Construction of Contracts Estate Agency Commission Joint and Several Liability Interpretation of Agency Agreements

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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. 1 Whether Savills (UK) Limited was entitled to commission on the sale of the Mill Ride Estate prior to the grant of planning permission under the terms of the agency agreement.
  2. 2 Who were the contracting parties liable for the commission under the agreement.

Ratio Decidendi

The Court of Appeal held that the agency agreement, properly construed, entitled Savills to commission on the sale of the Estate even though the sale occurred prior to the grant of planning permission, as the Report's marketing strategy was not a prescriptive condition for payment. Both Mr Blacker and Sidemanor Limited were jointly and severally liable for the commission as they were the vendors of the properties included in the sale and the agreement did not exclude personal liability.

Court Disposition

Appeal allowed

Orders

  • Judgment for Savills (UK) Limited for commission as claimed
  • Both Mr Blacker and Sidemanor Limited held jointly and severally liable for payment