Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 16 (Comm) (08 January 2020)

Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 16 (Comm) (08 January 2020)

CBRE was subject to an implied duty of honesty but not good faith; CBRE did not breach the implied duty of honesty. No direct or collateral contract existed between Mr Wales and Aviva for commission payment. Mr Wales's claims for breach of contract, promissory estoppel, and unjust enrichment fail. The clawback of commission was contractually permissible and not actionable against CBRE or Aviva.

Citation
[2020] EWHC 16 (Comm)
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
Commercial Claim / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Implied Terms, Good Faith, Honesty, Commission Recovery, Promissory Estoppel, Unjust Enrichment
Contract Law Restitution Employment Law Implied Terms Good Faith Honesty Commission Recovery Promissory Estoppel +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

Commercial Claim / Final Judgment After Trial

Legal Issues

  1. 1 Was CBRE under an implied contractual duty of honesty and/or good faith to Mr Wales?
  2. 2 Did CBRE breach any implied contractual duties?
  3. 3 Did Mr Wales have a direct contract with Aviva entitling him to commission?

Ratio Decidendi

CBRE was subject to an implied duty of honesty but not good faith; CBRE did not breach the implied duty of honesty. No direct or collateral contract existed between Mr Wales and Aviva for commission payment. Mr Wales's claims for breach of contract, promissory estoppel, and unjust enrichment fail. The clawback of commission was contractually permissible and not actionable against CBRE or Aviva.

Court Disposition

Claim dismissed

Orders

  • Claim against CBRE dismissed
  • Claim against Aviva dismissed