January 2023
25/1/23
Considers principles to be applied in ascertaining the express and implied terms of an oral agreement. A majority of the Supreme Court held that on the facts, an agreement to pay an agent a commission if and only if a sale of property for £6.5m was concluded on his introduction, prevented any term from being implied as to payment if a sale was concluded at a lower price. It also prevented any claim succeeding in unjust enrichment.
18/1/23
SARA & HOSSEIN ASSET HOLDINGS LTD v BLACKS OUTDOOR RETAIL LTD [2023] UKSC 2
On its proper interpretation, a clause in a lease providing for a landlord’s certificate to be conclusive (in the absence of manifest error or fraud) as to the total cost and the sum payable by the tenant, required the tenant to pay in full but did not prevent the tenant from thereafter pursuing a counterclaim disputing the sum due.