Priory Caring Services Ltd v Capita Property Services Ltd [2010] EWCA Civ 226 (11 March 2010)

Priory Caring Services Ltd v Capita Property Services Ltd [2010] EWCA Civ 226 (11 March 2010)

The release agreement, on its proper construction and in light of the factual matrix, was a wide release covering all claims, whether present or future, known or unknown, arising out of Capita's appointment as surveyors to Priory in relation to the Priory Hotel. The parties were aware of concerns about Mr Owen's negligence and contemplated the possibility of claims arising from his conduct. There was no basis to limit the release to known claims or to disputes about fees or a separate retainer. Consideration was provided. No procedural unfairness or admissible new evidence justified disturbing the judgment below.

Citation
[2010] EWCA Civ 226
Parties
Appellant / Claimant: Priory Caring Services Limited; Respondent / Defendant: Capita Property Services Ltd
Jurisdiction
England and Wales
Judgment Date
11 March 2010
Procedural Posture
Civil Appeal / Appeal From Order Striking Out Claim at Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Release and Settlement Agreements, Negligence, Construction Disputes, Interpretation of Contracts, Limitation of Actions
Contract Law Tort Law Construction Law Release and Settlement Agreements Negligence Construction Disputes Interpretation of Contracts Limitation of Actions

Case Brief

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Parties

Priory Caring Services Limited

Appellant / Claimant

Capita Property Services Ltd

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Claim at Preliminary Issue

Legal Issues

  1. 1 Whether a release agreement barred the claimant's negligence claim against the defendant
  2. 2 Proper construction of the release agreement—whether it covered unknown claims
  3. 3 Whether consideration was provided for the release

Ratio Decidendi

The release agreement, on its proper construction and in light of the factual matrix, was a wide release covering all claims, whether present or future, known or unknown, arising out of Capita's appointment as surveyors to Priory in relation to the Priory Hotel. The parties were aware of concerns about Mr Owen's negligence and contemplated the possibility of claims arising from his conduct. There was no basis to limit the release to known claims or to disputes about fees or a separate retainer. Consideration was provided. No procedural unfairness or admissible new evidence justified disturbing the judgment below.

Court Disposition

Appeal dismissed

Orders

  • Application to adduce new evidence refused
  • Application to amend grounds of appeal refused