Dean & Dean Solicitors v Dionissiou-Moussaoui [2011] EWCA Civ 1331 (17 November 2011)

Dean & Dean Solicitors v Dionissiou-Moussaoui [2011] EWCA Civ 1331 (17 November 2011)

The trial judge erred in departing from the clear, signed contractual document and rewriting its terms based on fairness or intention without proper findings of fact or a plea of rectification. The appeal is allowed and the matter remitted for retrial.

Citation
[2011] EWCA Civ 1331
Parties
Appellant/defendant: Dean & Dean Solicitors; Respondent/claimant: Sofia Dionissiou-Moussaoui
Jurisdiction
England and Wales
Judgment Date
17 November 2011
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed; order set aside; matter remitted for retrial
Legal Topics
Employment Contract Interpretation, Commission Entitlement, Rectification of Contract, Pleadings and Amendments
Employment Law Contract Law Employment Contract Interpretation Commission Entitlement Rectification of Contract Pleadings and Amendments

Case Brief

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Parties

Dean & Dean Solicitors

Appellant/defendant

Sofia Dionissiou-Moussaoui

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the letter of 27 January 2005 constituted the binding contract between the parties
  2. 2 Whether commission and penalty clauses should be interpreted according to the written contract or prior negotiations
  3. 3 Whether the trial judge was entitled to rewrite the contract based on fairness or intention rather than the written terms

Ratio Decidendi

The trial judge erred in departing from the clear, signed contractual document and rewriting its terms based on fairness or intention without proper findings of fact or a plea of rectification. The appeal is allowed and the matter remitted for retrial.

Court Disposition

appeal allowed; order set aside; matter remitted for retrial

Orders

  • Set aside the order of the county court judge
  • Remit the claim and counterclaim to be retried by a different judge