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England and Wales decisions
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Advanced Multi-Technology for Medical Industry (t/a Hitex) & Ors v Uniserve Ltd [2025] EWCA Civ 1212 (02 October 2025)
The Court of Appeal allowed Uniserve’s appeal over a 2020 PPE supply contract, held Hitex could not claim damages for non-acceptance, and dismissed the commission appeal.
Uniserve was entitled to terminate the supply contract because Hitex failed to have sufficient stock available for delivery as required under the revised schedule, after accounting for the 15% reserved for the Jordanian government. Hitex was not entitled to damages for non-acceptance as it was not in a position to perform its obligations. The judge erred by awarding damages on a basis not pleaded or argued. The commission claim failed as no further commission was payable once the supply contract was validly terminated.
Source excerpt
The UK Supreme Court held that Mr Barton was only entitled to £1.2 million if Nash House sold for £6.5 million, and rejected implied-term and unjust-enrichment claims.
Norsand Consultancy Ltd v Anandanadarajah & Ors [2022] EWHC 89 (Ch) (25 January 2022)
High Court held that commission was due under a brokerage agreement and that Mr Anandanadarajah induced breach by diverting payments away from Imperialis.
EMFC Loan Syndications LLP v The Resort Group Plc [2021] EWCA Civ 844 (08 June 2021)
The Court of Appeal held that EMFC’s commission claim was not defeated by an implied effective-cause term and rejected TRG’s cross-appeal on repudiation.
The High Court dismissed Winlink Marketing Ltd’s claim for commission, holding that its 2013 introduction was not the effective cause of Liverpool FC’s 2016 sponsorship deal with BetVictor.
Winlink Marketing Ltd v The Liverpool Football Club & Athletic Grounds Ltd [2020] EWHC 2271 (Comm) (14 September 2020)
High Court commercial trial over commission under an introduction agreement. The court held WML was not the effective cause of Liverpool’s 2016 BetVictor sponsorship deal.
The High Court rejected Forum’s claim for a 3% commission on Petrobras contracts, finding no rectification, variation, or restitutionary basis, but awarded part of its local services claim.
Forum Services International Ltd & Anor v OOS International BV [2020] EWHC 170 (Comm) (31 January 2020)
The High Court rejected Forum’s multimillion-dollar commission claim, finding no rectification, variation, or unjust enrichment, but allowed a limited claim for local services.
AMP Advisory & Management Partners AG v Force India Formula One Team Ltd [2019] EWHC 2426 (Comm) (18 September 2019)
The Commercial Court held that no binding oral commission contract was formed, no contract arose on the draft mandate, but AMP succeeded in unjust enrichment and recovered £150,000.
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