Burney v The London Mews Company Ltd. Rev 1

Burney v The London Mews Company Ltd. Rev 1

London Mews was entitled to commission because their actions in preparing and circulating particulars led to the introduction of the purchaser to the transaction; the intervening actions of Kaye & Co did not break the chain of causation, and London Mews did nothing they were not entitled to do under the agency agreement.

Parties
Appellant/defendant: Stephen Burney; Respondent/claimant: The London Mews Company Limited
Jurisdiction
England and Wales
Judgment Date
07 May 2003
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Estate Agency Commission, Agency Law, Introduction of Purchaser, Effective Cause, Subagency
Contract Law Property Law Estate Agency Commission Agency Law Introduction of Purchaser Effective Cause Subagency

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Parties

Stephen Burney

Appellant/defendant

The London Mews Company Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether London Mews Company Limited was entitled to commission as estate agents for the sale of the property
  2. 2 Whether the actions of Kaye & Co broke the chain of causation for commission entitlement
  3. 3 Interpretation of 'introduction' and 'agent' in the agency agreement

Ratio Decidendi

London Mews was entitled to commission because their actions in preparing and circulating particulars led to the introduction of the purchaser to the transaction; the intervening actions of Kaye & Co did not break the chain of causation, and London Mews did nothing they were not entitled to do under the agency agreement.

Court Disposition

Appeal dismissed

Orders

  • Costs summarily assessed at £3,450.97 to be paid by appellant within 14 days
  • Payment to be made out of the sum in court with interest