Burney v The London Mews Company Ltd. Rev 1 [2003] EWCA Civ 766 (07 May 2003)

Burney v The London Mews Company Ltd. Rev 1 [2003] EWCA Civ 766 (07 May 2003)

London Mews introduced the purchaser to the transaction by preparing and circulating particulars, and the subsequent unauthorized actions of Kaye & Co did not break the chain of causation. The agency agreement entitles London Mews to commission as the introduction was sufficient under its terms.

Citation
[2003] EWCA Civ 766
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 Ilford County Court, Decision on Setting Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Estate Agency Commission, Introduction of Purchaser, Agency Law, Default Judgment, Causation in Contract
Contract Law Property Law Estate Agency Commission Introduction of Purchaser Agency Law Default Judgment Causation in Contract

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Parties

Stephen Burney

Appellant/defendant

The London Mews Company Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Ilford County Court, Decision on Setting Aside Default Judgment

Legal Issues

  1. 1 Whether London Mews 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 introduced the purchaser to the transaction by preparing and circulating particulars, and the subsequent unauthorized actions of Kaye & Co did not break the chain of causation. The agency agreement entitles London Mews to commission as the introduction was sufficient under its terms.

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