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England and Wales decisions
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My Protection Guru Ltd v LifeSearch Partners Ltd [2026] EWHC 60 (Comm) (16 January 2026)
High Court commercial dispute over commission calculations, QLC Leads, clawback reserves, and alleged oral variations to written agreements.
The correct interpretation of the contract is that commission is only payable in respect of profit costs for work actually carried out by the employee, not by colleagues. The ET erred in its interpretation and in finding no evidence of records for apportionment. Applying the correct interpretation, the claimant could not have exceeded the commission threshold in his first year, so the claim must be dismissed.
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Demissie v Kefi Gold And Copper Plc [2025] EWHC 60 (KB) (20 January 2025)
The High Court held that commission under a consultancy agreement required financial close within the two-year validity period, and dismissed the claimant's claim.
The High Court held that the consultancy agreement required financial close within its two-year validity period, so no commission was due. The defendant recovered USD 205,000.
Mr Dormer is entitled to wages, overtime, and commission as agreed, subject to adjustments for periods where evidence does not support claimed work or expenses. The value of Plot 9 and undeveloped land must be factored into the partnership accounts. Private expenses and unsupported claims are to be excluded. The duty of good faith and rationality governs the conduct and entitlement of partners.
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Claims alleging breach of, and inducing breach of, the non-solicitation covenant are fit for trial and should proceed; claims founded on alleged entitlement to commission are doomed to fail and should be struck out or be the subject of summary judgment, as the commission provision is an unreasonable restraint of trade and unenforceable.
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The Employment Appeal Tribunal held that commission above 250% of OTC was not properly payable without the plan’s approval condition being met, so the appeal failed.
The High Court held that CSA was entitled to commission under a consultancy agreement because a US$125 million state grant to FSMC fell within the contract’s definition of an Award.
Clark Street Associates LLC v Norsk Titanium AS [2020] EWHC 1038 (Comm) (30 April 2020)
The High Court interpreted a consultancy agreement and held CSA was entitled to commission on a State grant received by FSMC for Norsk’s benefit within the tail period.
The court construed a CFA and ATE policy in a PPI mis-selling case, limiting solicitor-cost liability to amounts recovered by costs order and rejecting cover for solicitors’ own fees and success fee.
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