Grosvenor v High-Point Rendel Group Plc [2004] EWHC 2407 (TCC) (27 July 2004)

Grosvenor v High-Point Rendel Group Plc [2004] EWHC 2407 (TCC) (27 July 2004)

There was no oral or collateral agreement for commission before the written agreement; the written agreement was a complete record and not backdated; an oral agreement in August 2001 excluded further commission; commission was only payable for introductions and services during the written agreement period; post-termination commission was not implied except for fees due before termination; only two claims for commission succeeded.

Citation
[2004] EWHC 2407 (TCC)
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) / First Instance Judgment After Trial
Outcome
Partially allowed for Claimant
Legal Topics
Consultancy Agreements, Commission Entitlement, Oral Vs Written Contracts, Implied Terms, Post Termination Commission, Declarations
Contract Law Commercial Law Consultancy Agreements Commission Entitlement 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) / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether there was an oral agreement for commission before the written contract
  2. 2 Whether commission under the written agreement was to be backdated
  3. 3 Whether commission was payable after expiry of the written agreement

Ratio Decidendi

There was no oral or collateral agreement for commission before the written agreement; the written agreement was a complete record and not backdated; an oral agreement in August 2001 excluded further commission; commission was only payable for introductions and services during the written agreement period; post-termination commission was not implied except for fees due before termination; only two claims for commission succeeded.

Court Disposition

Partially allowed for Claimant

Orders

  • Judgment for Claimant for £1,251.58 plus VAT and interest (to be agreed)
  • All other claims dismissed