Seeney & Anor v Gleeson Developments Ltd & Anor

Seeney & Anor v Gleeson Developments Ltd & Anor

The parties reached a binding agreement on 1 September 2011 that the value of the extras ordered by the Seeneys as at that date was £30,000. The agreement was not conditional on the execution of a further formal contract; the subsequent document was to record what had already been agreed. The absence of 'subject to contract' language and the parties' conduct, including proceeding with construction, confirmed the binding nature of the agreement.

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
Civil (contract/construction) / Summary Judgment Application
Outcome
Summary judgment granted for the applicants/claimants on the issue of the value of extras as at 1 September 2011.
Legal Topics
Summary Judgment, Compromise Agreements, Contract Formation, Construction Disputes
Contract Law Construction Law Summary Judgment Compromise Agreements Contract Formation Construction Disputes

Case Brief

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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

Civil (contract/construction) / Summary Judgment Application

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 execution of a further formal contract

Ratio Decidendi

The parties reached a binding agreement on 1 September 2011 that the value of the extras ordered by the Seeneys as at that date was £30,000. The agreement was not conditional on the execution of a further formal contract; the subsequent document was to record what had already been agreed. The absence of 'subject to contract' language and the parties' conduct, including proceeding with construction, confirmed the binding nature of the agreement.

Court Disposition

Summary judgment granted for the applicants/claimants on the issue of the value of extras as at 1 September 2011.

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.
  • Costs and further directions to be dealt with separately.