Watersheds v Simms [2009] EWHC 713 (QB) (12 March 2009)

Watersheds v Simms [2009] EWHC 713 (QB) (12 March 2009)

The contract, read as a whole, does not require Watersheds to be an effective cause of the sale to be entitled to a fee; the express terms are inconsistent with such an implied term, and the agreement was a seven-year retainer not analogous to an estate agency contract. The appeal is allowed and judgment entered for the claimant.

Citation
[2009] EWHC 713
Parties
Claimant: Watersheds Limited; Defendant: Christopher Simms
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Appeal / Appeal Against Dismissal of Application for Summary Judgment
Outcome
Appeal allowed; judgment for the claimant.
Legal Topics
Implied Terms, Remuneration Clauses, Agency Law, Summary Judgment, Termination of Contract
Contract Law Implied Terms Remuneration Clauses Agency Law Summary Judgment Termination of Contract

Case Brief

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Parties

Watersheds Limited

Claimant

Christopher Simms

Defendant

Procedural Posture

Appeal / Appeal Against Dismissal of Application for Summary Judgment

Legal Issues

  1. 1 Whether a term should be implied into the contract requiring Watersheds to be an effective cause of the sale to be entitled to a fee
  2. 2 Whether the contract is analogous to estate agency contracts requiring such an implied term
  3. 3 Whether the express terms of the contract are inconsistent with the implication of such a term

Ratio Decidendi

The contract, read as a whole, does not require Watersheds to be an effective cause of the sale to be entitled to a fee; the express terms are inconsistent with such an implied term, and the agreement was a seven-year retainer not analogous to an estate agency contract. The appeal is allowed and judgment entered for the claimant.

Court Disposition

Appeal allowed; judgment for the claimant.

Orders

  • Judgment entered for the claimant; quantum to be determined at a disposal hearing.