Leslie v Farrar Construction Ltd [2016] EWCA Civ 1041 (01 November 2016)

Leslie v Farrar Construction Ltd [2016] EWCA Civ 1041 (01 November 2016)

The appellant, Mr Leslie, voluntarily made payments to FCL to close each development transaction, knowing that the sums might exceed actual build costs but choosing not to investigate further. In such circumstances, the law does not permit recovery of overpayments, as the risk was knowingly assumed and the transactions were closed by agreement. There was no fraud or misrepresentation, and the doctrines of waiver and estoppel further preclude recovery.

Citation
[2016] EWCA Civ 1041
Parties
Appellant Claimant: Graham Leslie; Respondent Defendant: Farrar Construction Limited
Jurisdiction
England and Wales
Judgment Date
01 November 2016
Procedural Posture
Civil Appeal / Appeal From First Instance Judgment in the Technology and Construction Court
Outcome
Appeal dismissed
Legal Topics
Unjust Enrichment, Mistake in Contract, Waiver, Estoppel, Settlement of Accounts, Overpayment Recovery
Contract Law Restitution Construction Law Unjust Enrichment Mistake in Contract Waiver Estoppel Settlement of Accounts +1 more

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Parties

Graham Leslie

Appellant Claimant

Farrar Construction Limited

Respondent Defendant

Procedural Posture

Civil Appeal / Appeal From First Instance Judgment in the Technology and Construction Court

Legal Issues

  1. 1 Whether the appellant is entitled to recover overpayments of building costs made on five completed projects under the Framework Agreement
  2. 2 Whether the judge erred in treating completed developments as closed transactions precluding recovery of overpayments
  3. 3 Whether the judge erred in finding waiver or estoppel against the appellant's claim for repayment

Ratio Decidendi

The appellant, Mr Leslie, voluntarily made payments to FCL to close each development transaction, knowing that the sums might exceed actual build costs but choosing not to investigate further. In such circumstances, the law does not permit recovery of overpayments, as the risk was knowingly assumed and the transactions were closed by agreement. There was no fraud or misrepresentation, and the doctrines of waiver and estoppel further preclude recovery.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. Judgment for Farrar Construction Limited for £139,428.16 stands.