Levolux A T Ltd v Ferson Contractors Ltd [2002] EWCA Civ 1382 (8 August 2002)

Levolux A T Ltd v Ferson Contractors Ltd [2002] EWCA Civ 1382 (8 August 2002)

The Court of Appeal held that the applicant's grounds of appeal raised arguable issues regarding whether summary judgment was appropriate, specifically whether the claimant's suspension of works was in accordance with the contract and statutory requirements, and whether the contractor's determination of the contract extinguished sums due under the adjudicator's award. Accordingly, permission to appeal was granted.

Citation
[2002] EWCA Civ 1382
Parties
Claimant/respondent: Levolux AT Limited; Defendant/applicant: Ferson Contractors Limited
Jurisdiction
England and Wales
Judgment Date
08 August 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal Summary Judgment
Outcome
Permission to appeal granted
Legal Topics
Adjudication Enforcement, Suspension of Works, Withholding Notices, Summary Judgment, Contract Determination
Construction Law Contract Law Adjudication Enforcement Suspension of Works Withholding Notices Summary Judgment Contract Determination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Levolux AT Limited

Claimant/respondent

Ferson Contractors Limited

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was properly granted in favour of the claimant for sums awarded by an adjudicator under a construction contract
  2. 2 Whether the claimant's suspension of works was in accordance with the contract and statutory requirements
  3. 3 Whether the contractor's determination of the contract was valid and extinguished sums due under the adjudicator's award

Ratio Decidendi

The Court of Appeal held that the applicant's grounds of appeal raised arguable issues regarding whether summary judgment was appropriate, specifically whether the claimant's suspension of works was in accordance with the contract and statutory requirements, and whether the contractor's determination of the contract extinguished sums due under the adjudicator's award. Accordingly, permission to appeal was granted.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Time estimated 4 hours