London & Regional (St George's Court) Ltd v Ministry of Defence & Anor [2008] EWCA Civ 1212 (06 November 2008)

London & Regional (St George's Court) Ltd v Ministry of Defence & Anor [2008] EWCA Civ 1212 (06 November 2008)

The settlement agreement expressly preserved L & R's liability to Shepherds for Tenant's Variations, so L & R retained the right to claim against MoD. Certificates under the AFL were not binding as to fact or amount and were not the sole condition precedent to payment; other triggers such as actual payment or court order could also give rise to MoD's liability.

Citation
[2008] EWCA Civ 1212
Parties
Claimant/respondent: London & Regional (St George's Court) Limited; Defendants/appellants: Ministry of Defence and Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
06 November 2008
Procedural Posture
Civil Appeal / Appeal From High Court (technology & Construction Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Indemnity Clauses, Certification in Construction Contracts, Settlement Agreements, Tenant's Variations, Condition Precedent to Payment
Contract Law Construction Law Indemnity Clauses Certification in Construction Contracts Settlement Agreements Tenant's Variations Condition Precedent to Payment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

London & Regional (St George's Court) Limited

Claimant/respondent

Ministry of Defence and Secretary of State for Defence

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From High Court (technology & Construction Court) to Court of Appeal

Legal Issues

  1. 1 Whether the settlement agreement extinguished L & R's entitlement to claim against MoD for Tenant's Variations ('no loss' issue)
  2. 2 Whether presentation of a certificate is a condition precedent to payment under the AFL
  3. 3 Whether certificates are binding as to the fact and amount of Tenant's Variations

Ratio Decidendi

The settlement agreement expressly preserved L & R's liability to Shepherds for Tenant's Variations, so L & R retained the right to claim against MoD. Certificates under the AFL were not binding as to fact or amount and were not the sole condition precedent to payment; other triggers such as actual payment or court order could also give rise to MoD's liability.

Court Disposition

Appeal dismissed

Orders

  • Correction of typographical error in the order to reflect the correct answer to issue 6 ('No; the claimant is entitled to bring the claim under the AFL.')
  • Appeal dismissed in relation to issues 6, 1(b), and 1(c)