North Sea Ventilation Ltd v Consafe Engineering (UK) Ltd [2004] EWCA Civ 1623 (23 November 2004)

North Sea Ventilation Ltd v Consafe Engineering (UK) Ltd [2004] EWCA Civ 1623 (23 November 2004)

Permission to appeal granted because the claimants presented sufficient evidence of a course of conduct dispensing with the formal requirements of GC35, and the judge may have placed too high a hurdle for the claimants to prove variation or estoppel.

Citation
[2004] EWCA Civ 1623
Parties
Applicant/claimant: North Sea Ventilation Limited; Respondent/defendant: Consafe Engineering (UK) Limited
Jurisdiction
England and Wales
Judgment Date
23 November 2004
Procedural Posture
Building Contract Dispute (appeal) / Renewed Application for Permission to Appeal From High Court (technology & Construction Court)
Outcome
Permission to appeal granted
Legal Topics
Variation of Contract Terms, Estoppel by Conduct, Burden of Proof, Course of Conduct, Building Contracts
Contract Law Construction Law Variation of Contract Terms Estoppel by Conduct Burden of Proof Course of Conduct Building Contracts

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Parties

North Sea Ventilation Limited

Applicant/claimant

Consafe Engineering (UK) Limited

Respondent/defendant

Procedural Posture

Building Contract Dispute (appeal) / Renewed Application for Permission to Appeal From High Court (technology & Construction Court)

Legal Issues

  1. 1 Whether the strict terms of clause GC35 were varied or dispensed with by course of conduct
  2. 2 Whether the claimants are entitled to payment for additional work outside GC35
  3. 3 Whether estoppel applies to prevent reliance on GC35

Ratio Decidendi

Permission to appeal granted because the claimants presented sufficient evidence of a course of conduct dispensing with the formal requirements of GC35, and the judge may have placed too high a hurdle for the claimants to prove variation or estoppel.

Court Disposition

Permission to appeal granted

Orders

  • Application granted
  • Time estimate: 1.5 to 2 days before three judge court (may include High Court judge)