Docklock Ltd v C Christo & Co Limited

Docklock Ltd v C Christo & Co Limited

Christo was not entitled to management fees for property management services for most of the Relevant Period due to lack of binding contract, but was entitled to quantum meruit for professional fees for lettings, renewals, VAT returns, and a rent review, as Docklock was unjustly enriched by those services. Christo was entitled to set off occupation rent for 66-70 Parkway against fees. Certain disbursements were unauthorised and disallowed. Christo did not forfeit its entitlement to remuneration as breaches were not sufficiently serious. Christo must pay Docklock £282,372 as the balance due after taking the account.

Parties
Claimant: Docklock Limited; Defendant: C Christo & Co Limited
Jurisdiction
England and Wales
Judgment Date
19 February 2021
Procedural Posture
Civil (commercial/chancery) / Trial Judgment
Outcome
Claim allowed in part; account taken; judgment for Docklock for balance due.
Legal Topics
Account of Profits, Quantum Meruit, Management Fees, Occupation Rent, Waiver of Claims, Authority of Agent, Forfeiture of Remuneration, Unjust Enrichment
Agency Law Contract Law Equity Property Law Account of Profits Quantum Meruit Management Fees Occupation Rent +4 more

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Parties

Docklock Limited

Claimant

C Christo & Co Limited

Defendant

Procedural Posture

Civil (commercial/chancery) / Trial Judgment

Legal Issues

  1. 1 Whether Christo was entitled to deduct management and professional fees from sums held as agent for Docklock during the Relevant Period
  2. 2 Whether Christo was entitled to set off occupation rent for 66-70 Parkway against management fees
  3. 3 Whether certain disbursements and payments made by Christo were authorised or in the ordinary course of business

Ratio Decidendi

Christo was not entitled to management fees for property management services for most of the Relevant Period due to lack of binding contract, but was entitled to quantum meruit for professional fees for lettings, renewals, VAT returns, and a rent review, as Docklock was unjustly enriched by those services. Christo was entitled to set off occupation rent for 66-70 Parkway against fees. Certain disbursements were unauthorised and disallowed. Christo did not forfeit its entitlement to remuneration as breaches were not sufficiently serious. Christo must pay Docklock £282,372 as the balance due after taking the account.

Court Disposition

Claim allowed in part; account taken; judgment for Docklock for balance due.

Orders

  • Christo to pay Docklock £282,372 as the balance due after taking the account.
  • Christo entitled to quantum meruit for professional fees for lettings, renewals, VAT returns, and rent review, less occupation rent and unauthorised payments.