Re-Source America Ltd. v Platt Site Services Ltd & Anor (No 3) [2005] EWHC 2242 (TCC) (20 October 2005)

Re-Source America Ltd. v Platt Site Services Ltd & Anor (No 3) [2005] EWHC 2242 (TCC) (20 October 2005)

Platt Site Services Limited is not liable to reimburse Barkin Construction Limited for sums overpaid to Re-Source America Limited, as the direct payment orders discharged Platt's liability and entitlement, and Barkin acted as principal, not agent, in making payments. Barkin's loss resulted from its own failure to secure repayment from Re-Source, not from any obligation or authorization by Platt.

Citation
[2005] EWHC 2242 (TCC)
Parties
Claimant: Re-Source America Limited; Defendant and Part 20 Claimant: Platt Site Services Limited; Defendant to Part 20 Claim: Barkin Construction Limited
Jurisdiction
England and Wales
Judgment Date
20 October 2005
Procedural Posture
Application in Technology and Construction Court / Post Appeal Application for Reimbursement
Outcome
Application dismissed
Legal Topics
Indemnity, Direct Payment Orders, Restitution, Agency, Contribution Act 1978, Sanderson Orders
Civil Procedure Tort Construction Law Indemnity Direct Payment Orders Restitution Agency Contribution Act 1978 +1 more

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Parties

Re-Source America Limited

Claimant

Platt Site Services Limited

Defendant and Part 20 Claimant

Barkin Construction Limited

Defendant to Part 20 Claim

Procedural Posture

Application in Technology and Construction Court / Post Appeal Application for Reimbursement

Legal Issues

  1. 1 Is Platt Site Services Limited liable to reimburse Barkin Construction Limited for sums overpaid to Re-Source America Limited following a Court of Appeal order?
  2. 2 Did the direct payment orders discharge Platt's liability and entitlement regarding the damages judgment?
  3. 3 Can Barkin Construction Limited claim reimbursement from Platt under agency or indemnity principles?

Ratio Decidendi

Platt Site Services Limited is not liable to reimburse Barkin Construction Limited for sums overpaid to Re-Source America Limited, as the direct payment orders discharged Platt's liability and entitlement, and Barkin acted as principal, not agent, in making payments. Barkin's loss resulted from its own failure to secure repayment from Re-Source, not from any obligation or authorization by Platt.

Court Disposition

Application dismissed

Orders

  • Barkin's application for reimbursement from Platt Site Services Limited is dismissed.