SimplySure Ltd and another v Personal Touch Financial Services Ltd

Contract – Repudiation. The Court of Appeal, Civil Division, allowed the defendant's appeal against a finding that it had breached an agreement between the parties and that it was liable to pay the claimant commission on renewals of insurance policies that had been introduced by the claimant. On the proper construction of the agreement, the claimant had been in repudiatory breach of a condition of the agreement and the defendant had lawfully terminated the agreement. The claimant was not entitled to damages and, following the normal rule on continuing obligations of an innocent party following termination for repudiation, the defendant had no liability for renewal commissions.

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