PM Project Services Ltd v Dairy Crest Ltd [2016] EWHC 1235 (TCC) (13 June 2016)

PM Project Services Ltd v Dairy Crest Ltd [2016] EWHC 1235 (TCC) (13 June 2016)

There are triable issues as to whether the balloon payment was due, whether there was a binding variation or estoppel, and whether it would be inequitable to allow enforcement; summary judgment is inappropriate where substantial factual disputes and potential counterclaims exist.

Citation
[2016] EWHC 1235 (TCC)
Parties
Claimant: PM Project Services Limited; Defendant: Dairy Crest Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2016
Procedural Posture
Summary Judgment Application / Interlocutory (application for Summary Judgment)
Outcome
Application for summary judgment on the balloon payment dismissed; permission to defend granted; second and third limbs of the application adjourned.
Legal Topics
Summary Judgment, Variation of Contract, Estoppel, Professional Negligence, Payment Disputes, Project Management Agreements
Contract Law Construction Law Civil Procedure Summary Judgment Variation of Contract Estoppel Professional Negligence Payment Disputes +1 more

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Parties

PM Project Services Limited

Claimant

Dairy Crest Limited

Defendant

Procedural Posture

Summary Judgment Application / Interlocutory (application for Summary Judgment)

Legal Issues

  1. 1 Whether there was a binding variation of the Deed of Variation (DOV) regarding the timing of the balloon payment invoice
  2. 2 Whether the claimant is estopped from enforcing its claim to the balloon payment
  3. 3 Whether there is a triable issue as to completion of the works triggering payment

Ratio Decidendi

There are triable issues as to whether the balloon payment was due, whether there was a binding variation or estoppel, and whether it would be inequitable to allow enforcement; summary judgment is inappropriate where substantial factual disputes and potential counterclaims exist.

Court Disposition

Application for summary judgment on the balloon payment dismissed; permission to defend granted; second and third limbs of the application adjourned.

Orders

  • PM’s application for summary judgment in respect of the balloon payment is dismissed.
  • Permission to defend is granted to Dairy Crest on the balloon payment claim.