Charles Stanley & Co Ltd v Adams

Charles Stanley & Co Ltd v Adams

There is no intrinsic bar to parties giving a power of determination to one of them in a contract, provided the court's jurisdiction is not ousted and the decision-maker acts reasonably and in good faith. The contractual determination procedure in this case does not offend public policy and is enforceable.

Parties
Claimant: Charles Stanley & Co Limited; Defendant: John Adams
Jurisdiction
England and Wales
Judgment Date
19 July 2013
Procedural Posture
Civil / Judgment
Outcome
judgment for claimant
Legal Topics
Contractual Determination, Personal Liability of Brokers, Public Policy, Natural Justice, Ouster of Court Jurisdiction
Contract Law Contractual Determination Personal Liability of Brokers Public Policy Natural Justice Ouster of Court Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Charles Stanley & Co Limited

Claimant

John Adams

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether contractual determination by the claimant's committees is enforceable or void as contrary to public policy
  2. 2 Whether the claimant can recover £100,000 from the defendant under the contract

Ratio Decidendi

There is no intrinsic bar to parties giving a power of determination to one of them in a contract, provided the court's jurisdiction is not ousted and the decision-maker acts reasonably and in good faith. The contractual determination procedure in this case does not offend public policy and is enforceable.

Court Disposition

judgment for claimant

Orders

  • The claimant is awarded £100,000 less the commission of £6,775.40 due to the defendant.