UVC Ltd (t/a Power Train Projects) v Doug Kiddie Engineering Ltd [2001] EWCA Civ 922 (8 May 2001)

UVC Ltd (t/a Power Train Projects) v Doug Kiddie Engineering Ltd [2001] EWCA Civ 922 (8 May 2001)

A binding settlement agreement was reached between the claimant and defendant as a reasonable observer would not conclude that the agreement was subject to the unresolved costs of the Part 20 defendant, which were not mentioned or reserved during negotiations.

Citation
[2001] EWCA Civ 922
Parties
Claimant/respondent: UVC Limited (T/a Power Train Projects); Defendant/applicant: Doug Kiddie Engineering Limited
Jurisdiction
England and Wales
Judgment Date
08 May 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal refused
Legal Topics
Settlement Agreements, Interpretation of Contracts, Costs in Civil Litigation, Part 20 Proceedings
Contract Law Civil Procedure Settlement Agreements Interpretation of Contracts Costs in Civil Litigation Part 20 Proceedings

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Parties

UVC Limited (T/a Power Train Projects)

Claimant/respondent

Doug Kiddie Engineering Limited

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether a binding settlement agreement was reached between the claimant and defendant without reference to the Part 20 defendant's costs
  2. 2 Whether the existence of unresolved Part 20 defendant costs prevented a complete agreement
  3. 3 Whether the test for agreement is objective and what a reasonable observer would conclude

Ratio Decidendi

A binding settlement agreement was reached between the claimant and defendant as a reasonable observer would not conclude that the agreement was subject to the unresolved costs of the Part 20 defendant, which were not mentioned or reserved during negotiations.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused