Dean & Dean Solicitors v Dionissiou-Moussaoui

Dean & Dean Solicitors v Dionissiou-Moussaoui

The trial judge erred in law by departing from the clear terms of the written contract and substituting his own view of fairness and purpose, without proper findings of fact or pleadings for rectification. The appeal is allowed and the matter remitted for retrial.

Parties
Appellant/defendant: Dean & Dean Solicitors; Respondent/claimant: Sofia Dionissiou-Moussaoui
Jurisdiction
England and Wales
Judgment Date
17 November 2011
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed; claim and counterclaim remitted for retrial by a different judge.
Legal Topics
Interpretation of Employment Contracts, Commission Entitlement, Pleadings and Amendments, Rectification Vs Construction
Contract Law Employment Law Interpretation of Employment Contracts Commission Entitlement Pleadings and Amendments Rectification Vs Construction

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Parties

Dean & Dean Solicitors

Appellant/defendant

Sofia Dionissiou-Moussaoui

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the letter of 27 January 2005 constituted the binding contract between the parties
  2. 2 Whether the judge was entitled to depart from the clear terms of the written contract
  3. 3 Whether commission and salary deductions were to be based on billed or collected fees

Ratio Decidendi

The trial judge erred in law by departing from the clear terms of the written contract and substituting his own view of fairness and purpose, without proper findings of fact or pleadings for rectification. The appeal is allowed and the matter remitted for retrial.

Court Disposition

Appeal allowed; claim and counterclaim remitted for retrial by a different judge.

Orders

  • Order made by the trial judge set aside.
  • Costs of proceedings, including appeal, to be in the discretion of the judge hearing the retrial.