||All England Reporter
|| All ER (D) 169 (Aug)
||Queen's Bench Division (Commercial Court)
||John Davies QC (instructed by Lupton Fawcett, Leeds) for the claimant.
||James Corbett QC and Paul Downes (instructed by Coley & Tilley, Birmingham) for the defendant.
||27 June 2007
Contract - Construction - Contractual term - Claimant's entitlement to commission - Whether claimant's entitlements cumulative or separate.
Contract Construction. On the proper construction of cl 3.3 of an asset sale agreement concluded by the parties, the entitlements to commission given to the claimant in cll3.3.1, 3.3.2 and 3.3.3 were not expressly stated to be cumulative. That construction was consistent with the analysis of the claimant's entitlement to commission within cl 3.3.2 itself, the knowledge of the parties when the agreement was concluded and with commercial sense.
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