National Trust Thames and Chilterns Region v Mates (t/a Ccw Mates Stone Restoration) & Ors [2003] EWHC 1209 (TCC) (04 June 2003)

National Trust Thames and Chilterns Region v Mates (t/a Ccw Mates Stone Restoration) & Ors [2003] EWHC 1209 (TCC) (04 June 2003)

The claimant failed to prove any agreement, written or oral, that Mr. Mates was retained as main contractor for the roof works or that he retained Ajap as his subcontractor; thus, Mr. Mates is not liable for defective workmanship or materials supplied by Ajap or Grace.

Citation
[2003] EWHC 1209 (TCC)
Parties
Claimant: The National Trust Thames and Chilterns Region; First Defendant: Charles Mates (t/a CCW Mates Stone Restoration); Second Defendant: AJAP Contracting Limited; Third Defendant: Grace Construction Products Limited
Jurisdiction
England and Wales
Judgment Date
04 June 2003
Procedural Posture
Civil / Judgment on Preliminary Issues
Outcome
Action against first defendant dismissed
Legal Topics
Main Contractor Liability, Implied Terms, Subcontractor Responsibility, Oral Contracts, Course of Dealing
Construction Law Contract Law Main Contractor Liability Implied Terms Subcontractor Responsibility Oral Contracts Course of Dealing

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Parties

The National Trust Thames and Chilterns Region

Claimant

Charles Mates (t/a CCW Mates Stone Restoration)

First Defendant

AJAP Contracting Limited

Second Defendant

Grace Construction Products Limited

Third Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether Mr. Mates was retained as main contractor for the roof works of the East Curved Link
  2. 2 Whether Mr. Mates retained Ajap as his subcontractor
  3. 3 Whether Mr. Mates is liable for defective workmanship or materials supplied by Ajap or Grace

Ratio Decidendi

The claimant failed to prove any agreement, written or oral, that Mr. Mates was retained as main contractor for the roof works or that he retained Ajap as his subcontractor; thus, Mr. Mates is not liable for defective workmanship or materials supplied by Ajap or Grace.

Court Disposition

Action against first defendant dismissed

Orders

  • Claimant to pay costs of the first defendant including costs reserved on an interlocutory hearing to be the subject of detailed assessment on the standard basis
  • Permission to appeal refused