Grosvenor v High-Point Rendel Group Plc

Grosvenor v High-Point Rendel Group Plc

There was no oral or collateral agreement entitling the Claimant to commission before 1 August 2000 or after 1 August 2001. The only enforceable entitlement to commission arose under the Written Agreement for the period 1 August 2000 to 1 August 2001. The Claimant was entitled to commission only on contracts where his services directly led to the Defendant earning fees during that period. No entitlement to commission survived contract termination except for fees due before termination. No declaration regarding future commission or repeat business was justified.

Parties
Claimant: The Hon Richard Grosvenor; Defendant: High-Point Rendel PLC
Jurisdiction
England and Wales
Judgment Date
27 July 2004
Procedural Posture
Civil (contract/commercial) / Judgment After Trial
Outcome
Claim partly allowed; judgment for Claimant in part, remainder dismissed.
Legal Topics
Commission Agreements, Consultancy Contracts, Oral Vs Written Contracts, Implied Terms, Post Termination Commission, Declarations
Contract Law Commercial Law Commission Agreements Consultancy Contracts Oral Vs Written Contracts Implied Terms Post Termination Commission Declarations

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Parties

The Hon Richard Grosvenor

Claimant

High-Point Rendel PLC

Defendant

Procedural Posture

Civil (contract/commercial) / Judgment After Trial

Legal Issues

  1. 1 Whether there was an oral agreement in December 1998 or February 1999 entitling the Claimant to commission as well as a monthly retainer
  2. 2 Whether the Written Agreement's commission entitlement was to be backdated to February 1999
  3. 3 On what basis the Claimant was to be paid between August 2001 and May 2003

Ratio Decidendi

There was no oral or collateral agreement entitling the Claimant to commission before 1 August 2000 or after 1 August 2001. The only enforceable entitlement to commission arose under the Written Agreement for the period 1 August 2000 to 1 August 2001. The Claimant was entitled to commission only on contracts where his services directly led to the Defendant earning fees during that period. No entitlement to commission survived contract termination except for fees due before termination. No declaration regarding future commission or repeat business was justified.

Court Disposition

Claim partly allowed; judgment for Claimant in part, remainder dismissed.

Orders

  • Judgment for the Claimant in the sum of £1,251.58, together with VAT and interest to be calculated and agreed by the parties.
  • All other claims dismissed.