Barry Urquhart Associates (A Firm) v East Surrey Health Authority [2001] EWCA Civ 1465 (8 October 2001)

Barry Urquhart Associates (A Firm) v East Surrey Health Authority [2001] EWCA Civ 1465 (8 October 2001)

There is a real prospect that the claimants can establish the RIBA terms of engagement were incorporated into the contract, entitling them to fees for work performed, either by express agreement or by implication from the parties' conduct and correspondence.

Citation
[2001] EWCA Civ 1465
Parties
Claimant/applicant: Barry Urquhart Associates (A Firm); Defendant/respondent: East Surrey Health Authority
Jurisdiction
England and Wales
Judgment Date
08 October 2001
Procedural Posture
Civil Appeal / Permission to Appeal Application
Outcome
Permission to appeal granted
Legal Topics
Architects' Fees, Contract Formation, Terms of Engagement, Implied Terms
Contract Law Architects' Fees Contract Formation Terms of Engagement Implied Terms

Case Brief

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Parties

Barry Urquhart Associates (A Firm)

Claimant/applicant

East Surrey Health Authority

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether the letter of 26 April 1990 constituted the entire agreement between the parties
  2. 2 Whether the RIBA terms of engagement formed part of the contract
  3. 3 Whether the claimants are entitled to fees under the contract

Ratio Decidendi

There is a real prospect that the claimants can establish the RIBA terms of engagement were incorporated into the contract, entitling them to fees for work performed, either by express agreement or by implication from the parties' conduct and correspondence.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed
  • Case to be listed for one day on the short warned list