Source: All England Reporter
Publisher Citation: [2012] All ER (D) 66 (Feb)
Court: Court of Appeal, Civil Division
Judge: Anthony May P, Lloyd and Aikens LJJ (Judgment delivered extempore)
Representation James Stuart (instructed by McEwen Parkinson) for the claimants.
  Jonathan Miller (instructed by William Sturges LLP) for the defendant.
Judgment Dates: 8 February 2012

Catchwords

Contract - Quantum meruit - Implied promise for payment - Parties entering into oral commission agreement - Defendant refusing to pay commission - Claimants' claim in contract being dismissed by court - Court ordering claimants' award under quantum meruit - Whether judge erring in making award having dismissed claim in contract.

The Case

Contract Quantum meruit. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, held that, in the circumstances, work done by the claimants had been done outside the scope of the commission agreement between the parties and the claimants had, therefore, been entitled to payment for their services on a quantum meruit basis.

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