Case No. KB-2025-003035 - [2025] EWHC 2654 (KB)

On 31 July 2025, Mr Sanghera withdrew instructions from the claimant after 14 years of business with it. Mr Sanghera’s property is listed for letting on the third defendant’s Rightmove account and on its Instagram account. I was told by Mr Marchant that the third defendant has not managed to let Mr Sanghera’s property and has made no money from him. Nevertheless, neither he nor Mrs Hampton is willing to give him up as a client: both have offered contractual undertakings under which they would expressly be allowed to retain his business.

In addition, one of the Home Minders flats that has been historically let as part of the claimant’s portfolio is listed for let on Rightmove and Instagram via the third defendant, as are three of Monica Holdings’ flats. In the case of these landlords, the claimant remains one of the agents instructed. On the basis of the contractual undertakings offered by Mr Marchant and Mrs Hampton, it is plain that they wish to retain these landlords with these properties as clients.

Against this background, I turn to the familiar elements of American Cyanamid Co v Ethicon Ltd [1975] AC 396.