Day Morris Associates v Voyce and Another: CA 26 Feb 2003

The claimant estate agents appealed dismissal of their claim for commission. The owners were splitting up, and there was to begin with no clear instruction to market the property. Later the property was sold privately, but to a buyer introduced by the claimant to Mrs Voyce. The agent asked the court to go beyond its normal appellate function to remedy a defect in the trial in that the judge had relied upon a point unargued by the parties, as to whether Mrs Voyce had accepted the offer to act.
Held: The parties wre given some latitude in the scope of their arguments. The judge had not clearly identified the contractual history. A contractual acceptance has to be a final and unqualified expression of assent to the terms of the offer. Here Mrs Voyce’s behaviour had been enough to constitute such acceptance. Appeal allowed.


Lord Justice Sedley Mrs Justice Black


[2003] EWCA Civ 189




Civil Procedure Rules 52.11(3)(b)


England and Wales

Agency, Contract, Civil Procedure Rules

Updated: 24 October 2022; Ref: scu.179568