Clive Freedman QC acted for the successful appellant in respect of the claim in Ananhall v Adler [2009] EWCA Civ 586 (18 June 2009). The Court of Appeal allowed the appeal to the extent of setting aside the judgment on the claim in a case concerning introduction fees and the scope of implied terms. The case is interesting because it concerns whether there is an implied duty of the purchaser to the introducer not to break the contract of purchase once having contracted to purchase. The Court of Appeal held that there was no scope for the implied term because the commission was payable only in the event of completing the contract of purchase, and the bargain of these parties was in effect no completion for whatever reason, no commission. The case is of interest to those considering the scope of implied terms, especially in a one-off introduction contracts.
