Costain Ltd & Ors v Bechtel Ltd & Anor [2005] EWHC 1018 (TCC) (20th May 2005)

Costain Ltd & Ors v Bechtel Ltd & Anor [2005] EWHC 1018 (TCC) (20th May 2005)

Although CORBER established that there are serious questions to be tried regarding the project manager's duty of impartiality and possible breach, the balance of convenience does not favour granting an interim injunction because contractual remedies are adequate, damages would suffice, and the proposed injunctions would be difficult to supervise and affect third parties.

Citation
[2005] EWHC 1018 (TCC)
Parties
Claimant/applicant: Costain Limited; Claimant/applicant: O’Rourke Civil Engineering Limited; Claimant/applicant: Bachy Soletanche Limited; Claimant/applicant: Emcor Drake & Scull Group PLC; Defendant/respondent: Bechtel Limited; Defendant/respondent: Mr Fady Bassily
Jurisdiction
England and Wales
Procedural Posture
Application for Interim Injunctions / Interlocutory (application for Interim Relief)
Outcome
Application for interim injunction refused
Legal Topics
Interim Injunctions, Duties of Certifiers/project Managers, Implied Terms of Impartiality, Procuring Breach of Contract, Remedies for Breach, Dispute Resolution Procedures
Construction Law Contract Law Tort Law Interim Injunctions Duties of Certifiers/project Managers Implied Terms of Impartiality Procuring Breach of Contract Remedies for Breach +1 more

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Parties

Costain Limited

Claimant/applicant

O’Rourke Civil Engineering Limited

Claimant/applicant

Bachy Soletanche Limited

Claimant/applicant

Emcor Drake & Scull Group PLC

Claimant/applicant

Bechtel Limited

Defendant/respondent

Mr Fady Bassily

Defendant/respondent

Procedural Posture

Application for Interim Injunctions / Interlocutory (application for Interim Relief)

Legal Issues

  1. 1 What instructions did Mr Bassily give Bechtel staff at the 15 April meeting?
  2. 2 Is RLE obliged to act impartially as project manager under contract C105, or in the employer's interests?
  3. 3 Has RLE breached its duty as project manager?

Ratio Decidendi

Although CORBER established that there are serious questions to be tried regarding the project manager's duty of impartiality and possible breach, the balance of convenience does not favour granting an interim injunction because contractual remedies are adequate, damages would suffice, and the proposed injunctions would be difficult to supervise and affect third parties.

Court Disposition

Application for interim injunction refused