Glentree Estates Ltd & Ors v Favermead Ltd

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

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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

  1. 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. 2 If so, was any right to that commission waived as a result of the meeting of 19th November 2001?
  3. 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