Dene Construction Ltd & Anor v Antshire Ltd [2006] EWHC 2567 (TCC) (13 October 2006)

Dene Construction Ltd & Anor v Antshire Ltd [2006] EWHC 2567 (TCC) (13 October 2006)

The court found that the JCT contract between GJAB and Antshire was not a sham; there was no common intention to mislead. GJAB acted as principal, not as agent for Antshire or the Donnachies. The alleged guarantee by the Donnachies was not proven to be genuine; the signature was likely not that of Andrew Donnachie. No binding guarantee was given. Additional works were not proven to have been ordered directly by Antshire/the Donnachies except for the admitted Duke of Cambridge works. Morgan's direct contract claim against Antshire failed except for the admitted sum for the Duke of Cambridge public house.

Citation
[2006] EWHC 2567 (TCC)
Parties
Claimant: Dene Construction Limited; Claimant: R & J Morgan Carpenters; Defendant: Antshire Ltd.
Jurisdiction
England and Wales
Judgment Date
13 October 2006
Procedural Posture
Civil (construction Dispute) / Judgment After Trial
Outcome
Claims dismissed except for admitted sum for Duke of Cambridge works.
Legal Topics
Sham Contracts, Guarantees, Agency, Quantum Meruit, Adjudication Awards, Variation of Contract, Personal Liability of Directors
Contract Law Construction Law Sham Contracts Guarantees Agency Quantum Meruit Adjudication Awards Variation of Contract +1 more

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Parties

Dene Construction Limited

Claimant

R & J Morgan Carpenters

Claimant

Antshire Ltd.

Defendant

Procedural Posture

Civil (construction Dispute) / Judgment After Trial

Legal Issues

  1. 1 Whether the JCT contract between GJAB and Antshire was a sham
  2. 2 Whether Antshire and/or the Donnachies were liable as principals for sums due to Dene
  3. 3 Whether a binding guarantee was given by the Donnachies to Dene

Ratio Decidendi

The court found that the JCT contract between GJAB and Antshire was not a sham; there was no common intention to mislead. GJAB acted as principal, not as agent for Antshire or the Donnachies. The alleged guarantee by the Donnachies was not proven to be genuine; the signature was likely not that of Andrew Donnachie. No binding guarantee was given. Additional works were not proven to have been ordered directly by Antshire/the Donnachies except for the admitted Duke of Cambridge works. Morgan's direct contract claim against Antshire failed except for the admitted sum for the Duke of Cambridge public house.

Court Disposition

Claims dismissed except for admitted sum for Duke of Cambridge works.

Orders

  • Dene's claims against Antshire and the Donnachies dismissed.
  • Morgan's claims against Antshire dismissed except for the admitted sum for the Duke of Cambridge public house.