Source: All England Reporter
Publisher Citation: [2012] All ER (D) 180 (May)
Neutral Citation: [2012] EWHC 1226 (Ch)
Court: Chancery Division
Judge:

Judge David Cooke
Representation Nicholas Trompeter (instructed by Iliffes Booth Bennett) for the claimant.
  Seb Oram (instructed by Blandy & Blandy LLP) for the defendant.
Judgment Dates: 9 May 2012

Catchwords

Estate agent - Commission - Entitlement - Claimant estate agent working for defendant firm of estate agents as consultant - Defendant involved in sale of factory, resulting in large quantity of commission - Claimant seeking to renegotiate terms of consultancy - Claimant drafting letters for third parties, aiming to encourage disinstruction of defendant - Claimant issuing proceedings to recover fees - Defendant counterclaiming - Whether claimant forfeitting right to fees through breach of fiduciary duty - Whether claimant obliged to repay fees received so far - Whether appropriate to make order for account of claimant's further dealings.

The Case

Estate agent Commission. The Chancery Division held that, inter alia, as a result of the claimant estate agent's breaches of fiduciary duty in attempting to encourage a client to transfer his instructions and fees from the principal to himself, the claimant's claim for payment of further fees would fail, and the defendant firm of estate agents' counterclaim for repayment of fees already paid would succeed.

Practice Areas

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