Broker Secret Commission Case

The High Court has refused the borrower permission to appeal in Scott v Commercial First Business Ltd (unrep, Southend county court, Recorder Marsden, 28th March 2018). Julian Gun Cuninghame acted for the borrower at trial. This was a broker secret commission case where the borrower had not herself paid any broker fee. The Recorder had dismissed the borrower’s claim, making a finding of fact that the existence and amount of the £14,000.00 commission had been disclosed and, in any event, the borrower must have known commission would be paid, given that she herself was not paying the broker a fee. In the second alternative, the Recorder had concluded that any non-disclosure of commission would have had no causative effect. Of more legal interest (but obiter given the findings of fact), the Recorder also found that the broker did not owe the borrower any fiduciary duty.

The trial judgment is available here: Scott v Commercial First