Harrow Green Ltd v DDG Group Ltd [2010] EWHC 421 (QB) (04 March 2010)

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Harrow Green Limited

Claimant

DDG Group Limited

Defendant

Procedural Posture

Commercial Contract Dispute / Trial of Preliminary Issues

  1. 1 What were the terms of the contract between Harrow Green Limited and DDG Group Limited?
  2. 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.