Berezovsky & Anor v Edmiston & Company Ltd & Anor

Berezovsky & Anor v Edmiston & Company Ltd & Anor

Edmiston & Co, through their sub-broker Merle Wood & Associates, were the effective cause of the sale of the yacht Darius to the Al Futtaim family, as their introduction was the dominant cause of the transaction. The appropriate commission is 3% of the €240 million sale price, amounting to €7.2 million. There was no contract or quantum meruit basis for MWA to claim commission directly from the Claimants.

Parties
Claimant: Boris Berezovsky; Claimant: Petersham Holdings Limited; Defendant: Edmiston & Company Limited; Defendant: Merle Wood & Associates Inc
Jurisdiction
England and Wales
Judgment Date
26 July 2010
Procedural Posture
Commercial Claim (brokerage Commission) / Judgment After Trial
Outcome
Judgment for Edmiston & Co on their counterclaim; Claimants' claims against Edmiston & Co dismissed; Declaration of non-liability to MWA; MWA's counterclaim dismissed.
Legal Topics
Brokerage Commission, Effective Cause, Quantum Meruit, Sub Brokerage Agreements
Commercial Law Contract Law Brokerage Commission Effective Cause Quantum Meruit Sub Brokerage Agreements

Case Brief

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Parties

Boris Berezovsky

Claimant

Petersham Holdings Limited

Claimant

Edmiston & Company Limited

Defendant

Merle Wood & Associates Inc

Defendant

Procedural Posture

Commercial Claim (brokerage Commission) / Judgment After Trial

Legal Issues

  1. 1 Whether Edmiston & Co were the 'effective cause' of the sale of the yacht Darius to the Al Futtaim family
  2. 2 What sum is due by way of commission to Edmiston & Co
  3. 3 Whether Merle Wood & Associates Inc has a right to commission enforceable directly against the Claimants

Ratio Decidendi

Edmiston & Co, through their sub-broker Merle Wood & Associates, were the effective cause of the sale of the yacht Darius to the Al Futtaim family, as their introduction was the dominant cause of the transaction. The appropriate commission is 3% of the €240 million sale price, amounting to €7.2 million. There was no contract or quantum meruit basis for MWA to claim commission directly from the Claimants.

Court Disposition

Judgment for Edmiston & Co on their counterclaim; Claimants' claims against Edmiston & Co dismissed; Declaration of non-liability to MWA; MWA's counterclaim dismissed.

Orders

  • Claimants to pay Edmiston & Co €7.2 million as commission
  • Claimants' claims against Edmiston & Co dismissed