||All England Reporter
|| All ER (D) 289 (Jan)
|| EWCA Civ 40
||Court of Appeal, Civil Division
Waller, Latham and Lawrence Collins LJJ
||David Hoffman (instructed by Gorvins) for the claimant.
||Nik Yeo (acting pro bono) for the defendant.
||31 January 2007
Contract - Condition - Effect - Contract for reduction in rateable value of property - Contract entitling claimant to substantial payment if achieving a reduction in rateable value of defendant's property for five-year period - Claimant succeeding in achieving reduction in rateable value of property only for ten-month period - Whether claimant successfully earning fee in respect of relevant period.
On the defendant's appeal against the determination that the claimant was entitled to its fee for achieving a reduction in the rateable value of the defendant's property, the appeal was allowed on the basis that pursuant to the contract between the parties, the claimant was only entitled to its fee if it achieved a reduction in the rateable value of the property for a five-year period, and where the claimant had only achieved that reduction for a ten-month period, it had not earned the relevant fee.
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