Bracken & Anor v Billinghurst [2003] EWHC 1333 (TCC) (10 June 2003)

The claimants' presentation and encashment of the cheque for £5,000, tendered by the defendant's solicitors on behalf of Advance Building Technology Limited in full and final settlement of all disputes, constituted acceptance of the compromise offer, thereby extinguishing the claimants' claims. The defendant has a complete defence to the claimants' claim for enforcement of the adjudication awards.

Citation: [2003] EWHC 1333 (TCC)
Parties: Claimant: Andrew Bracken; Claimant: Ann Trickett; Defendant: Graham Billinghurst
Jurisdiction: England and Wales
Judgment Date: 10 June 2003
Procedural Posture: Summary Judgment Application (part 24) / Judgment After Preliminary Issue Hearing on Compromise
Outcome: Claim dismissed
Legal Topics: Accord and Satisfaction, Compromise of Claims, Adjudication Enforcement, Summary Judgment

Contract Law Construction Law Civil Procedure Accord and Satisfaction Compromise of Claims Adjudication Enforcement Summary Judgment

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Parties

Andrew Bracken

Claimant

Ann Trickett

Claimant

Graham Billinghurst

Defendant

Procedural Posture

Summary Judgment Application (part 24) / Judgment After Preliminary Issue Hearing on Compromise

Legal Issues

1 Whether the claimants' acceptance and banking of a cheque constituted acceptance of a compromise offer in full and final settlement of all claims
2 Whether the defendant has a complete defence to enforcement of adjudication awards based on compromise

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Claimants' application for summary judgment dismissed
Claimants to pay costs of both the summary judgment application and the preliminary issue hearing on a standard basis