Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor

Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor

CBRE owed Mr Wales an implied duty of honesty but not good faith; there was no breach of the implied term. There was no contract between Mr Wales and Aviva obliging Aviva to pay commission to Mr Wales. Aviva was contractually entitled to claw back commission from Sesame, and Sesame was entitled to claw back from Mr Wales. Mr Wales is not entitled to damages, restitution, or estoppel-based remedies as such claims would undermine the contractual arrangements in place.

Parties
Claimant: Richard Wales (t/a Selective Investment Services); First Defendant: CBRE Managed Services Limited; Second Defendant: Aviva Administration Limited
Jurisdiction
England and Wales
Judgment Date
08 January 2020
Procedural Posture
Civil Commercial / High Court Approved Judgment
Outcome
Claim dismissed
Legal Topics
Implied Terms, Good Faith, Breach of Contract, Restitution, Promissory Estoppel, Unjust Enrichment, Commission Clawback
Contract Law Commercial Law Implied Terms Good Faith Breach of Contract Restitution Promissory Estoppel Unjust Enrichment +1 more

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Parties

Richard Wales (t/a Selective Investment Services)

Claimant

CBRE Managed Services Limited

First Defendant

Aviva Administration Limited

Second Defendant

Procedural Posture

Civil Commercial / High Court Approved Judgment

Legal Issues

  1. 1 Whether CBRE owed an implied duty of good faith or honesty to Mr Wales under the contract.
  2. 2 Whether CBRE breached any implied term of honesty or good faith.
  3. 3 Whether there was a contract between Mr Wales, CBRE, and Aviva obliging Aviva to pay commission to Mr Wales.

Ratio Decidendi

CBRE owed Mr Wales an implied duty of honesty but not good faith; there was no breach of the implied term. There was no contract between Mr Wales and Aviva obliging Aviva to pay commission to Mr Wales. Aviva was contractually entitled to claw back commission from Sesame, and Sesame was entitled to claw back from Mr Wales. Mr Wales is not entitled to damages, restitution, or estoppel-based remedies as such claims would undermine the contractual arrangements in place.

Court Disposition

Claim dismissed