Seeney & Anor v Gleeson Developments Ltd & Anor [2015] EWHC 3244 (TCC) (16 November 2015)

Seeney & Anor v Gleeson Developments Ltd & Anor [2015] EWHC 3244 (TCC) (16 November 2015)

The parties reached a binding agreement on 1 September 2011 that the value of the extras ordered by the claimants as at that date was £30,000; this agreement was not conditional on the execution of a further formal contract, and the subsequent conduct of the parties confirmed the existence of a binding agreement.

Citation
[2015] EWHC 3244 (TCC)
Parties
Claimant/applicant: Mr Philip Seeney; Claimant/applicant: Mrs Rosemary Seeney; Defendant/respondent: Gleeson Developments Limited; Defendant/respondent: M. J. Gleeson Group PLC
Jurisdiction
England and Wales
Judgment Date
16 November 2015
Procedural Posture
Summary Judgment Application (cpr Part 24) / First Instance Judgment
Outcome
Summary judgment granted in favour of the claimants/applicants.
Legal Topics
Summary Judgment, Compromise Agreements, Construction of Contracts, Subject to Contract, Settlement Agreements
Contract Law Civil Procedure Summary Judgment Compromise Agreements Construction of Contracts Subject to Contract Settlement Agreements

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 3 Authorities cited 19 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mr Philip Seeney

Claimant/applicant

Mrs Rosemary Seeney

Claimant/applicant

Gleeson Developments Limited

Defendant/respondent

M. J. Gleeson Group PLC

Defendant/respondent

Procedural Posture

Summary Judgment Application (cpr Part 24) / First Instance Judgment

Legal Issues

  1. 1 Whether the parties reached a binding agreement on the value of extras as at 1 September 2011
  2. 2 Whether the agreement was conditional on a formal contract

Ratio Decidendi

The parties reached a binding agreement on 1 September 2011 that the value of the extras ordered by the claimants as at that date was £30,000; this agreement was not conditional on the execution of a further formal contract, and the subsequent conduct of the parties confirmed the existence of a binding agreement.

Court Disposition

Summary judgment granted in favour of the claimants/applicants.

Orders

  • Declaration that the parties reached a binding agreement that the extras ordered by the Seeneys as at 1 September 2011 were to be valued at £30,000 for the purposes of clause 15(b) of the Property Agreement.