Mostcash Plc & Ors v Fluor Ltd [2002] EWCA Civ 1112 (11 July 2002)

Mostcash Plc & Ors v Fluor Ltd [2002] EWCA Civ 1112 (11 July 2002)

The action against the first defendant is barred by the January 1998 settlement agreement, and the claimants' attempts to pursue contractual or tortious claims are precluded by the terms of the EPCM agreement. The first defendant is entitled to its costs of the action and appeal.

Citation
[2002] EWCA Civ 1112
Parties
Claimants/respondents: Mostcash PLC & Others; Defendants/appellants: Fluor Limited
Jurisdiction
England and Wales
Judgment Date
11 July 2002
Procedural Posture
Civil Appeal / Appeal From Technology & Construction Court to Court of Appeal
Outcome
Appeal allowed; action against first defendant dismissed.
Legal Topics
Settlement Agreements, Limitation of Liability, Rectification, Estoppel, Unfair Contract Terms Act (ucta), Costs Orders
Contract Law Tort Law Construction Law Settlement Agreements Limitation of Liability Rectification Estoppel Unfair Contract Terms Act (ucta) +1 more

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Parties

Mostcash PLC & Others

Claimants/respondents

Fluor Limited

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From Technology & Construction Court to Court of Appeal

Legal Issues

  1. 1 Whether the claim against the first defendant is barred by the January 1998 settlement agreement
  2. 2 Whether the EPCM agreement precludes claims for damages for breach of contract and in tort
  3. 3 Whether the EPCM agreement should be rectified

Ratio Decidendi

The action against the first defendant is barred by the January 1998 settlement agreement, and the claimants' attempts to pursue contractual or tortious claims are precluded by the terms of the EPCM agreement. The first defendant is entitled to its costs of the action and appeal.

Court Disposition

Appeal allowed; action against first defendant dismissed.

Orders

  • First defendant awarded costs of the action and the appeal, including costs of the trial of preliminary issues.
  • Claimants to make interim payment of £100,000 on account of costs within 21 days.