Glentree Estates Ltd & Ors v Favermead Ltd
Claimants failed to prove they were the effective cause of the sale by Corfiducia to Laken; commission entitlement was waived by the 19th November 2001 arrangement; agency agreement required effective cause, not mere introduction.
- Parties
- Claimant: Glentree Estates Limited; Claimant: Beauchamp Estates Limited; Claimant: Savills L & P Limited (formerly FPD Savills Limited); Defendant: Favermead Limited; Third Party: Bernard Charles Ecclestone
- Jurisdiction
- England and Wales
- Judgment Date
- 20 May 2010
- Procedural Posture
- Civil / Judgment
- Outcome
- Action dismissed
- Legal Topics
- Estate Agent Commission, Effective Cause, Implied Terms, Waiver of Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Glentree Estates Limited
Claimant
Beauchamp Estates Limited
Claimant
Savills L & P Limited (formerly FPD Savills Limited)
Claimant
Favermead Limited
Defendant
Bernard Charles Ecclestone
Third Party
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Did the sale by Favermead of Laneprime to Corfiducia trigger a right to recover commission of £200,000 plus VAT under the agreement of 3rd April 2001?
- 2 If so, was any right to that commission waived as a result of the meeting of 19th November 2001?
- 3 If it was, is there any basis for recovering it now?
Ratio Decidendi
Claimants failed to prove they were the effective cause of the sale by Corfiducia to Laken; commission entitlement was waived by the 19th November 2001 arrangement; agency agreement required effective cause, not mere introduction.
Court Disposition
Action dismissed
Full Case Text
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