ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) (18 April 2024)

ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) (18 April 2024)

The proceedings are not suitable for Part 8 determination due to likely substantial disputes of fact regarding breach of clause 9(5) and waiver/estoppel; issues must be pleaded out and determined under Part 7.

Citation
[2024] EWHC 878 (TCC)
Parties
Claimant: ISG Retail Limited; Defendant: FK Construction Limited
Jurisdiction
England and Wales
Judgment Date
18 April 2024
Procedural Posture
Part 8 Claim / Judgment on Suitability for Part 8 Determination
Outcome
Part 8 claim dismissed; no declarations made.
Legal Topics
Condition Precedent, Extension of Time, Waiver, Estoppel, Part 8 Procedure
Construction Law Contract Law Condition Precedent Extension of Time Waiver Estoppel Part 8 Procedure

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Parties

ISG Retail Limited

Claimant

FK Construction Limited

Defendant

Procedural Posture

Part 8 Claim / Judgment on Suitability for Part 8 Determination

Legal Issues

  1. 1 Is compliance with clause 9(5) of the sub-contract a condition precedent to FK's entitlement to an extension of time?
  2. 2 Did FK comply with clause 9(5)?
  3. 3 Has ISG waived or is ISG estopped from relying on clause 9(5)?

Ratio Decidendi

The proceedings are not suitable for Part 8 determination due to likely substantial disputes of fact regarding breach of clause 9(5) and waiver/estoppel; issues must be pleaded out and determined under Part 7.

Court Disposition

Part 8 claim dismissed; no declarations made.

Orders

  • Parties invited to agree consequential directions within 14 days; if not, written submissions to be exchanged and lodged within same timescale.