Russell-Cooke were instructed by Aylesford & Co to recover unpaid estate agent's commission from Mr Al-Habtoor in relation to the sale of a residential property. Aylesford & Co introduced the ultimate purchaser.
Subsequently, a third party progressed that introduction and the purchaser acquired the property. Mr Al Habtoor did not tell Aylesford & Co that the sale had been completed and did not account to them for their fee under the terms of their agreement with him. Mr Al Habtoor argued that the relationship with Aylesford & Co had come to an end and/or that he was no liable for the estate agents commission in any event. Judgement was given in favour of Aylesford & Co. Mr Al Habtoor was ordered to pay not only the principal sum of the estate agents commission but interest and costs as well. Mr Al Habtoor did not meet his liabilities under the Judgment and proceedings were taken in Dubai to seek to enforce the terms of the English Judgment. The matter was eventually settled.
The case involved not only issues surrounding estate agents commissions but also jurisdictional issues.