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 remain regarding agency, reliance, and unjust enrichment, making summary judgment inappropriate.

Citation
[2004] EWHC 10 (QB)
Parties
Claimant/appellant: Concrete Foundations Limited; Defendant/respondent: Family Housing Association
Jurisdiction
England and Wales
Judgment Date
14 January 2004
Procedural Posture
Appeal Against Refusal of Summary Judgment / Appeal From Central London County Court to High Court, Queen's Bench Division
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Authority of Agents, Ostensible Authority, Actual Authority, Unjust Enrichment, Apportionment of Liability
Contract Law Insurance Law Civil Procedure Summary Judgment Authority of Agents Ostensible Authority Actual Authority Unjust Enrichment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Concrete Foundations Limited

Claimant/appellant

Family Housing Association

Defendant/respondent

Procedural Posture

Appeal Against Refusal of Summary Judgment / Appeal From Central London County Court to High Court, Queen's Bench Division

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 remain regarding agency, reliance, and unjust enrichment, making summary judgment inappropriate.

Court Disposition

Appeal dismissed

Orders

  • Appeal against refusal of summary judgment is dismissed
  • Matter to proceed to trial for factual determination