Eurofi Ltd v Teletech UK Ltd [2000] EWCA Civ 245 (31 July 2000)

Eurofi Ltd v Teletech UK Ltd [2000] EWCA Civ 245 (31 July 2000)

The Court held that 'grants' in the agreement refers to outright monetary awards, not benefits in kind, but includes direct training support payments made by way of grant under statutory authority. Commission is not payable on non-monetary incentives or standard training incentives available to all, but is payable on direct training support as a grant.

Citation
[2000] EWCA Civ 245
Parties
Claimant/appellant: Eurofi Ltd.; Defendant/respondent: TeleTech UK Ltd.
Jurisdiction
England and Wales
Judgment Date
31 July 2000
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal
Outcome
Appeal allowed in part; cross-appeal refused.
Legal Topics
Interpretation of Consultancy Agreements, Contingency Fees, Definition of 'grant' in Contracts, Contra Proferentem Rule
Contract Law Commercial Law Interpretation of Consultancy Agreements Contingency Fees Definition of 'grant' in Contracts Contra Proferentem Rule

Case Brief

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Parties

Eurofi Ltd.

Claimant/appellant

TeleTech UK Ltd.

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether 'grants' in the consultancy agreement includes only monetary awards or also benefits in kind and other financial incentives.
  2. 2 Whether direct training support payments qualify as 'grants' under the contract.
  3. 3 Whether commission is payable on financial incentives other than Regional Selective Assistance (RSA).

Ratio Decidendi

The Court held that 'grants' in the agreement refers to outright monetary awards, not benefits in kind, but includes direct training support payments made by way of grant under statutory authority. Commission is not payable on non-monetary incentives or standard training incentives available to all, but is payable on direct training support as a grant.

Court Disposition

Appeal allowed in part; cross-appeal refused.

Orders

  • Award to Eurofi increased by fees referable to £245,000 direct training support.
  • No order as to costs.