The Commercial Court has found in favour of Mr Greenhouse (represented by Andrew George QC and Daniel Cashman) on every issue before it, in relation to a contractual commission dispute in the gambling/electronic payment sector.
The Defendant operates
an online payment business, particularly used in the gambling sector. The
Claimant, Mr Greenhouse, had a contract with the Defendant entitling him to
commission in respect of individuals referred by him to the Defendant’s
services. He claimed for unpaid commission and damages, arising from six
separate issues before the Court. Two of the issues were conceded by the
Defendant during the course of proceedings.
Two of the remaining
issues considered the application of the legal tests for contractual variation,
implication of terms, and promissory estoppel. The Commercial Court (Andrew
Burrows QC sitting as a Judge of the High Court) held that, in respect of each
of those issues raised, the Defendant had been unable to satisfy the relevant legal
A further issue
considered the Defendant’s purported unilateral notice of amendment pursuant to
an express contractual right. The Court held that such unilateral notice, once
given, could not be unilaterally withdrawn. The Court also considered what
might be required to find that there was consensual withdrawal of the notice.
On the facts, the Court held that unilateral notice had not been given
There was also a
dispute about whether the Defendant’s contractual reporting obligation survived
termination of the agreement. The Court held that – given that the obligation
was ancillary to an ongoing obligation to pay commission – the obligation
There will be a further hearing to determine remedy.