United Building & Plumbing Contractors v Kajla [2001] EWCA Civ 1740 (15 November 2001)

United Building & Plumbing Contractors v Kajla [2001] EWCA Civ 1740 (15 November 2001)

The judge's findings of fact on the main issues were supported by evidence and there was no misdirection; therefore, there is little prospect of success on appeal. However, the admissibility of evidence from settlement discussions may merit further consideration.

Citation
[2001] EWCA Civ 1740
Parties
Claimant/respondent: United Building and Plumbing Contractors; Defendant/applicant: Malkit Kajla
Jurisdiction
England and Wales
Judgment Date
15 November 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal adjourned for renewal before a full court
Legal Topics
Building Contracts, Quantum Meruit, Without Prejudice Communications, Appeals Procedure
Contract Law Civil Procedure Building Contracts Quantum Meruit Without Prejudice Communications Appeals Procedure

Case Brief

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Parties

United Building and Plumbing Contractors

Claimant/respondent

Malkit Kajla

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether additional works were requested by the defendant
  2. 2 Whether additional works were part of the main contract or separate
  3. 3 Proper quantification of additional works and defective works

Ratio Decidendi

The judge's findings of fact on the main issues were supported by evidence and there was no misdirection; therefore, there is little prospect of success on appeal. However, the admissibility of evidence from settlement discussions may merit further consideration.

Court Disposition

application for permission to appeal adjourned for renewal before a full court

Orders

  • Application for permission to appeal to be renewed before a full court of two members.
  • Transcript of this judgment to be supplied to both parties at public expense.