Success in the Court of Appeal in
Alphier v Blyvoor [2026] EWCA Civ 1432

Weishi Yang represented the successful Respondent in the appeal of a US$ 2.25 million commission claim following a US$ 60 million investment into a South African Gold Mine.

The Court of Appeal (Miles, Foxton, and Butcher LJJ) unanimously held that Alphier (the Respondent) was required by its contract with Blyvoor (the Appellant) to “help place the Investments”, which meant that its actions had to have a “real world effect” on securing the funding. Alphier had done so and was therefore entitled to a US$ 2.25 million commission.

The Court of Appeal therefore dismissed Blyvoor’s appeal on all grounds, and upheld the judgment of Richards J in the High Court. This Judgment is of particular relevance to financing and brokerage agreements and the interpretation of “effective cause” clauses in agency law.

Weishi Yang was led by Arnold Ayoo (Maitland Chambers) and instructed by Aaron Pearson of Three Graces Legal.

The Judgment can be found here.

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