Beer & Anor v Bexbes Llp [2009] EWCA Civ 628 (26 June 2009)

Beer & Anor v Bexbes Llp [2009] EWCA Civ 628 (26 June 2009)

The performance sharing payments were remuneration for Mr Beer's employment under a 4-year contract and not part of the consideration for the sale of MBT. Therefore, they should be excluded from the calculation of the additional fee payable to BexBes.

Citation
[2009] EWCA Civ 628
Parties
Appellant: Michael Beer; Appellant: Jane Beer; Respondent: BexBes LLP
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Contract Interpretation, Calculation of Consideration, Agency Fees, Employment Remuneration Vs. Sale Consideration
Contract Law Commercial Law Contract Interpretation Calculation of Consideration Agency Fees Employment Remuneration Vs. Sale Consideration

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Parties

Michael Beer

Appellant

Jane Beer

Appellant

BexBes LLP

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether 'performance sharing' payments to Mr Beer under a 4-year contract should be included in the calculation of 'consideration' for the sale of MBT for the purpose of BexBes' fee.

Ratio Decidendi

The performance sharing payments were remuneration for Mr Beer's employment under a 4-year contract and not part of the consideration for the sale of MBT. Therefore, they should be excluded from the calculation of the additional fee payable to BexBes.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The principal sum payable to BexBes remains £57,780.