Affinity Water Limited v High Speed Two (HS2) Limited

Affinity Water Limited v High Speed Two (HS2) Limited

There are triable issues as to the construction of the APA and DCA agreements, specifically whether Schedule 4 creates an absolute obligation to divert the Main or whether further assessment and agreement are required. The contractual framework anticipates further design, approval, and possible modification of works, and the evidence and context support the view that the obligation is not absolute. Accordingly, summary judgment is refused as HS2 has a real prospect of defending the claim.

Parties
Claimant: Affinity Water Limited; Defendant: High Speed Two (HS2) Limited
Jurisdiction
England and Wales
Judgment Date
19 November 2024
Procedural Posture
Civil (commercial Construction Dispute) / Summary Judgment Application
Outcome
Summary judgment refused; claim to proceed to trial.
Legal Topics
Interpretation of Construction Contracts, Obligations Under Utility Protection Agreements, Summary Judgment Standards, Injunctions in Construction Disputes
Contract Law Construction Law Public Utilities Law Interpretation of Construction Contracts Obligations Under Utility Protection Agreements Summary Judgment Standards Injunctions in Construction Disputes

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Parties

Affinity Water Limited

Claimant

High Speed Two (HS2) Limited

Defendant

Procedural Posture

Civil (commercial Construction Dispute) / Summary Judgment Application

Legal Issues

  1. 1 Whether HS2 is contractually obliged to pay for and instruct diversion of the Main under the APA and DCA agreements
  2. 2 Whether the designation of 'divert' in Schedule 4 creates an absolute obligation or is subject to further assessment and agreement
  3. 3 Whether AW is entitled to proceed with the Amended Works and recover costs from HS2

Ratio Decidendi

There are triable issues as to the construction of the APA and DCA agreements, specifically whether Schedule 4 creates an absolute obligation to divert the Main or whether further assessment and agreement are required. The contractual framework anticipates further design, approval, and possible modification of works, and the evidence and context support the view that the obligation is not absolute. Accordingly, summary judgment is refused as HS2 has a real prospect of defending the claim.

Court Disposition

Summary judgment refused; claim to proceed to trial.