Stopjoin Projects Ltd v Balfour Beatty Engineering Services (HY) Ltd [2014] EWHC 589 (TCC) (13 January 2014)

Stopjoin Projects Ltd v Balfour Beatty Engineering Services (HY) Ltd [2014] EWHC 589 (TCC) (13 January 2014)

The claimant's assignment claim fails because the anti-assignment clause in the Portwall Lane contract was not varied or waived, and no unequivocal representation was made by Balfour Beatty to permit assignment. The implied trust argument also fails as the facts do not support the imposition of a trust or the application of the Vandepitte procedure. The claimant has no real prospect of success on either basis.

Citation
[2014] EWHC 589 (TCC)
Parties
Claimant/respondent: Stopjoin Projects Limited; First Defendant/applicant: Balfour Beatty Engineering Services (HY) Limited; Second Defendant: Brunel Control Systems Limited
Jurisdiction
England and Wales
Judgment Date
13 January 2014
Procedural Posture
Application to Strike Out or for Summary Judgment / High Court Judgment
Outcome
Claim struck out against Balfour Beatty Engineering Services (HY) Limited; summary judgment granted in favour of Balfour Beatty.
Legal Topics
Assignment of Contractual Rights, Anti Assignment Clauses, Implied Trusts, Vandepitte Procedure, Variation of Contract Terms, Waiver and Estoppel
Construction Law Contract Law Trusts Law Assignment of Contractual Rights Anti Assignment Clauses Implied Trusts Vandepitte Procedure Variation of Contract Terms +1 more

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Parties

Stopjoin Projects Limited

Claimant/respondent

Balfour Beatty Engineering Services (HY) Limited

First Defendant/applicant

Brunel Control Systems Limited

Second Defendant

Procedural Posture

Application to Strike Out or for Summary Judgment / High Court Judgment

Legal Issues

  1. 1 Whether the assignment of contractual debts to the claimant is effective given anti-assignment clauses
  2. 2 Whether an implied trust arises permitting the claimant to sue as beneficiary
  3. 3 Whether the contract terms were varied or waived to permit assignment

Ratio Decidendi

The claimant's assignment claim fails because the anti-assignment clause in the Portwall Lane contract was not varied or waived, and no unequivocal representation was made by Balfour Beatty to permit assignment. The implied trust argument also fails as the facts do not support the imposition of a trust or the application of the Vandepitte procedure. The claimant has no real prospect of success on either basis.

Court Disposition

Claim struck out against Balfour Beatty Engineering Services (HY) Limited; summary judgment granted in favour of Balfour Beatty.

Orders

  • Claim against Balfour Beatty Engineering Services (HY) Limited is struck out.
  • Summary judgment granted in favour of Balfour Beatty Engineering Services (HY) Limited.