Amberley (UK) Ltd v West Sussex County Council [2011] EWCA Civ 11 (20 January 2011)

Amberley (UK) Ltd v West Sussex County Council [2011] EWCA Civ 11 (20 January 2011)

The contract term 'the level of fees is subject to review as costs increase' did not give Amberley Ltd the unilateral right to increase fees and enforce payment of the increased amount without the resident's agreement. Any increase required agreement of the resident, and thus WSCC as statutory successor. For residents without written contracts, Amberley Ltd failed to prove that a reasonable fee exceeded the rates paid by WSCC, so no further sum was due.

Citation
[2011] EWCA Civ 11
Parties
Appellant/first Defendant: Amberley (UK) Limited; Respondent/claimant: West Sussex County Council
Jurisdiction
England and Wales
Judgment Date
20 January 2011
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unilateral Variation of Contract, Quantum Meruit, Statutory Interpretation, Residential Care Fees, Local Authority Liability
Contract Law Public Law Social Care Law Unilateral Variation of Contract Quantum Meruit Statutory Interpretation Residential Care Fees Local Authority Liability

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Parties

Amberley (UK) Limited

Appellant/first Defendant

West Sussex County Council

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether Amberley Ltd could unilaterally increase care home fees under the contract terms and bind WSCC to pay the increased fees for PRRs after April 2002
  2. 2 Whether Amberley Ltd was entitled to a higher fee on a quantum meruit basis for residents without written contracts

Ratio Decidendi

The contract term 'the level of fees is subject to review as costs increase' did not give Amberley Ltd the unilateral right to increase fees and enforce payment of the increased amount without the resident's agreement. Any increase required agreement of the resident, and thus WSCC as statutory successor. For residents without written contracts, Amberley Ltd failed to prove that a reasonable fee exceeded the rates paid by WSCC, so no further sum was due.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in respect of both the 12 PRRs subject to contract and the 4 PRRs not subject to contract.