Favermead Ltd v FPD Savills Ltd

Favermead Ltd v FPD Savills Ltd

There is a real and substantial dispute as to whether the agency agreement contains an implied term requiring the agents to be the effective cause of the sale; this dispute cannot be resolved at this stage, and the proper course is to grant the injunction restraining presentation of the winding up petition.

Parties
Applicant: Favermead Limited; Respondents: FPD Savills Limited & Ors.
Jurisdiction
England and Wales
Judgment Date
02 March 2005
Procedural Posture
Application / Ruling on Interlocutory Injunction
Outcome
Injunction granted
Legal Topics
Agency, Commission Agreements, Implied Terms, Injunctions
Commercial Law Contract Law Agency Commission Agreements Implied Terms Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Favermead Limited

Applicant

FPD Savills Limited & Ors.

Respondents

Procedural Posture

Application / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether an implied term requiring the agents to be the effective cause of sale exists in the agency agreement
  2. 2 Whether commission is payable absent agents being the effective cause of sale
  3. 3 Whether an injunction restraining presentation of winding up petition should be granted

Ratio Decidendi

There is a real and substantial dispute as to whether the agency agreement contains an implied term requiring the agents to be the effective cause of the sale; this dispute cannot be resolved at this stage, and the proper course is to grant the injunction restraining presentation of the winding up petition.

Court Disposition

Injunction granted

Orders

  • Respondents restrained from presenting winding up petition based on the alleged debt pending determination of the substantive dispute