Picton Jones & Co v Arcadia Developments Ltd
Picton Jones & Co v Arcadia Developments Ltd
- (1989 03 EG 85-88(3)
- Estates Gazette (1989 03 EG 85-88(3) .
QBD 14 October 1988. A trial of a preliminary issue in an action between a firm of chartered surveyors (P), against a firm who ran amusement arcades (A), claiming entitlement for professional fees for instructions carried out by P to acquire properties for use as amusement arcades. P entered into an agreement with A to find new sites and obtain permits and planning permission for the sites so that they could expand their business. The fee basis agreed on the terms "planning and permit - a global fee at £10,000 to be paid in the event of ultimate success ". (This was increased later, by agreement, to £15,000). Although the work was carried out successfully, A rejected liability for payment of the fees arguing that the "ultimate success" provision was champertous and thus unlawful and unenforceable, and that P had acted contrary to the rules of the RICS . P claimed to the Court for their fees. It was held that the fees were recoverable at law; the doctrine of champerty is confined to a
CONTRACT LAW
LEISURE PROPERTY
RICS BYE=LAWS
QBD 14 October 1988. A trial of a preliminary issue in an action between a firm of chartered surveyors (P), against a firm who ran amusement arcades (A), claiming entitlement for professional fees for instructions carried out by P to acquire properties for use as amusement arcades. P entered into an agreement with A to find new sites and obtain permits and planning permission for the sites so that they could expand their business. The fee basis agreed on the terms "planning and permit - a global fee at £10,000 to be paid in the event of ultimate success ". (This was increased later, by agreement, to £15,000). Although the work was carried out successfully, A rejected liability for payment of the fees arguing that the "ultimate success" provision was champertous and thus unlawful and unenforceable, and that P had acted contrary to the rules of the RICS . P claimed to the Court for their fees. It was held that the fees were recoverable at law; the doctrine of champerty is confined to a
CONTRACT LAW
LEISURE PROPERTY
RICS BYE=LAWS