Harrow Green Ltd v DDG Group Ltd [2010] EWHC 421 (QB) (04 March 2010)
The contract between Harrow Green Limited and DDG Group Limited was for Harrow Green to carry out relocation work for a reasonable sum to be ascertained after completion, not for a fixed lump sum. The interim payment of £170,326 was on account only. There was no compromise or variation of the contract on 13 February 2008 limiting Harrow Green's entitlement.
- Citation
- [2010] EWHC 421
- Parties
- Claimant: Harrow Green Limited; Defendant: DDG Group Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 04 March 2010
- Procedural Posture
- Commercial Contract Dispute / Trial of Preliminary Issues
- Outcome
- Judgment for the claimant on both preliminary issues; declarations granted.
- Legal Topics
- Formation of Contract, Implied Terms, Quantum Meruit, Compulsory Purchase Compensation, Contract Variation, Compromise of Claims
Case Brief
Summary, issues, holding and outcome
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Parties
Harrow Green Limited
Claimant
DDG Group Limited
Defendant
Procedural Posture
Commercial Contract Dispute / Trial of Preliminary Issues
Legal Issues
- 1 What were the terms of the contract between Harrow Green Limited and DDG Group Limited?
- 2 Was the contract varied or the dispute compromised on 13 February 2008 as alleged by the defendant?
Ratio Decidendi
The contract between Harrow Green Limited and DDG Group Limited was for Harrow Green to carry out relocation work for a reasonable sum to be ascertained after completion, not for a fixed lump sum. The interim payment of £170,326 was on account only. There was no compromise or variation of the contract on 13 February 2008 limiting Harrow Green's entitlement.
Court Disposition
Judgment for the claimant on both preliminary issues; declarations granted.
Orders
- Declaration as to the nature of the contract: Harrow Green to be paid a reasonable sum for work performed, not limited to the interim payment.
- Declaration that there was no compromise or variation of the contract on 13 February 2008.
Full Case Text
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