Re-Source America Ltd. v Platt Site Services Ltd & Anor (No 3)

Platt Site Services Limited is not liable to reimburse Barkin Construction Limited for sums ordered to be repaid by Re-Source America Limited, as the direct payment orders discharged Platt's obligation and entitlement, Barkin acted as principal not agent, and Platt was not a party to the damages appeal or judgment requiring repayment.

Parties: Claimant: Re-Source America Limited; Defendant and Part 20 Claimant: Platt Site Services Limited; Defendant to Part 20 Claim: Barkin Construction Limited (No 3)
Jurisdiction: England and Wales
Judgment Date: 20 October 2005
Procedural Posture: Civil / Ruling on Application for Reimbursement Following Appellate Judgment
Outcome: Application dismissed
Legal Topics: Indemnity, Direct Payment Orders, Restitution, Agency, Contribution Act 1978, Sanderson Orders

Civil Procedure Contract Law Tort 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 (No 3)

Defendant to Part 20 Claim

Procedural Posture

Civil / Ruling on Application for Reimbursement Following Appellate Judgment

Legal Issues

1 Whether Platt Site Services Limited is liable to reimburse Barkin Construction Limited for sums ordered to be repaid by Re-Source America Limited after appellate reduction of damages
2 Interpretation and effect of direct payment orders and indemnity obligations
3 Whether Barkin acted as Platt's agent in making payments to Re-Source

Ratio Decidendi

Court Disposition

Application dismissed