DMH Electrical (UK) Limited v MK City Group Limited
The Judge’s interpretation that MVHR works were included in C1 was reasonable based on the evidence and communications; C2 was formed after further discussions and was sufficiently certain. The pleadings and attached quotes gave fair notice to the Defendant. The appeal failed on all grounds.
- Parties
- Respondent/claimant: DMH Electrical (UK) Limited; Appellant/defendant: MK City Group Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Contract Formation, Pleading Requirements, Certainty in Contracts, Interpretation of Contracts, Appeals Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
DMH Electrical (UK) Limited
Respondent/claimant
MK City Group Limited
Appellant/defendant
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the claim for invoiced work was within the pleaded scope of Contract 1 (C1) regarding MVHR works
- 2 Whether the Claimant’s quote for Contract 2 (C2) was an offer capable of acceptance
- 3 Whether C2 was void for uncertainty
Ratio Decidendi
The Judge’s interpretation that MVHR works were included in C1 was reasonable based on the evidence and communications; C2 was formed after further discussions and was sufficiently certain. The pleadings and attached quotes gave fair notice to the Defendant. The appeal failed on all grounds.
Court Disposition
Appeal dismissed
Orders
- Respondent awarded costs summarily assessed at £15,554 including VAT
- Any stay on enforcement of the Order below lifted
Full Case Text
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