Foxtons Ltd v Puri

The contract covered sale by share transfer as both parties contemplated it, and Foxtons were instrumental in the sale; thus, they are entitled to commission.

Parties: Claimant: Foxtons Limited; Defendant: Kanav Puri
Jurisdiction: England and Wales
Judgment Date: 21 July 2010
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: Application for permission to appeal refused
Legal Topics: Estate Agency Commission, Interpretation of Contracts, Causation in Contract Claims

Contract Law Property Law Estate Agency Commission Interpretation of Contracts Causation in Contract Claims

Case Brief

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Parties

Foxtons Limited

Claimant

Kanav Puri

Defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether the contract entitled Foxtons to commission for a sale effected by transfer of shares in the property-owning company
2 Whether Foxtons introduced the ultimate purchaser so as to be entitled to commission

Ratio Decidendi

The contract covered sale by share transfer as both parties contemplated it, and Foxtons were instrumental in the sale; thus, they are entitled to commission.

Court Disposition

Application for permission to appeal refused

Orders

Foxtons entitled to commission of £188,000 plus interest and costs