Benedetti v Sawiris & Ors [2010] EWCA Civ 1427 (16 December 2010)

Benedetti v Sawiris & Ors [2010] EWCA Civ 1427 (16 December 2010)

The Acquisition Agreement was abandoned and could not serve as a template for quantum meruit; the appropriate measure was the market value of Mr Benedetti's services, but the court could consider the amount Mr Sawiris was willing to pay as evidence of value. The brokerage fee did not need to be deducted as the €75.1m was offered in addition. AH/OS were liable as they freely accepted and benefited from the services, making it unjust for them not to pay.

Citation
[2010] EWCA Civ 1427
Parties
Appellant/respondent: Alessandro Benedetti; Not a Party to the Appeal: M Finance S.A.; Appellant/respondent: Naguib Onsi Naguib Sawiris; Appellant/respondent: April Holding; Appellant/respondent: OS Holding; Appellant/respondent: Cylo Investments Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2010
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeals From High Court (chancery Division)
Outcome
Appeals dismissed; High Court order affirmed.
Legal Topics
Quantum Meruit, Valuation of Services, Unjust Enrichment, Abandonment of Contract, Remuneration for Services, Joint and Several Liability
Restitution Contract Law Unjust Enrichment Quantum Meruit Valuation of Services Abandonment of Contract Remuneration for Services Joint and Several Liability

Case Brief

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Parties

Alessandro Benedetti

Appellant/respondent

M Finance S.A.

Not a Party to the Appeal

Naguib Onsi Naguib Sawiris

Appellant/respondent

April Holding

Appellant/respondent

OS Holding

Appellant/respondent

Cylo Investments Limited

Appellant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeals From High Court (chancery Division)

Legal Issues

  1. 1 Whether the Acquisition Agreement should be used as a template for quantum meruit valuation
  2. 2 Whether post-service negotiations and offers are relevant to quantum meruit
  3. 3 Whether AH/OS were unjustly enriched and liable for payment

Ratio Decidendi

The Acquisition Agreement was abandoned and could not serve as a template for quantum meruit; the appropriate measure was the market value of Mr Benedetti's services, but the court could consider the amount Mr Sawiris was willing to pay as evidence of value. The brokerage fee did not need to be deducted as the €75.1m was offered in addition. AH/OS were liable as they freely accepted and benefited from the services, making it unjust for them not to pay.

Court Disposition

Appeals dismissed; High Court order affirmed.

Orders

  • Mr Benedetti awarded €75.1m by way of quantum meruit against all respondents jointly.
  • No deduction required for €67m brokerage fee; total entitlement €142.1m.