Concrete Foundations Ltd. v Family Housing Association [2004] EWHC 10 (QB) (14 January 2004)

Concrete Foundations Ltd. v Family Housing Association [2004] EWHC 10 (QB) (14 January 2004)

The evidence available does not establish that FHA is liable for more than its apportioned share or that Cunningham Lindsay had authority to bind FHA for the full sum; factual disputes require trial and summary judgment is inappropriate.

Citation
[2004] EWHC 10
Parties
Claimant/appellant: Concrete Foundations Limited; Defendant/respondent: Family Housing Association
Jurisdiction
England and Wales
Judgment Date
14 January 2004
Procedural Posture
Civil Appeal / Appeal Against Refusal of Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Ostensible Authority, Actual Authority, Unjust Enrichment, Agency, Apportionment of Liability
Contract Law Insurance Law Civil Procedure Summary Judgment Ostensible Authority Actual Authority Unjust Enrichment Agency +1 more

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Parties

Concrete Foundations Limited

Claimant/appellant

Family Housing Association

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Summary Judgment

Legal Issues

  1. 1 Whether summary judgment should be granted to the claimant for the unpaid contract sum
  2. 2 Whether Cunningham Lindsay had actual or ostensible authority to bind FHA for the full contract sum
  3. 3 Whether FHA is liable for the full contract sum or only its apportioned share

Ratio Decidendi

The evidence available does not establish that FHA is liable for more than its apportioned share or that Cunningham Lindsay had authority to bind FHA for the full sum; factual disputes require trial and summary judgment is inappropriate.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; summary judgment refused; matter to proceed to trial if pursued further.