Parkway Construction Ltd (In Liquidation) v Howard De Walden Estates Ltd

Parkway Construction Ltd (In Liquidation) v Howard De Walden Estates Ltd

Summary judgment was refused because the claims and cross-claims were fundamentally disputed on the facts, and the court cannot resolve such disputes without a trial; the Particulars of Claim were inadequate and failed to plead clear entitlements; accrued rights to liquidated damages are not wiped clean by termination for insolvency.

Parties
Claimant: Parkway Construction Limited (in liquidation); Defendant: Howard de Walden Estates Limited
Jurisdiction
England and Wales
Judgment Date
15 May 2014
Procedural Posture
Civil / Summary Judgment Application
Outcome
Application dismissed
Legal Topics
Summary Judgment, Extension of Time, Liquidated Damages, Termination for Insolvency, Loss and Expense, Declaratory Relief, Costs Assessment
Construction Law Contract Law Civil Procedure Summary Judgment Extension of Time Liquidated Damages Termination for Insolvency Loss and Expense +2 more

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Parties

Parkway Construction Limited (in liquidation)

Claimant

Howard de Walden Estates Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted for declaratory relief and monetary claims relating to extension of time, loss and expense, and final account under a construction contract
  2. 2 Whether the claimant is entitled to extension of time and related loss and expense
  3. 3 Whether the defendant is entitled to liquidated damages and cross-claims

Ratio Decidendi

Summary judgment was refused because the claims and cross-claims were fundamentally disputed on the facts, and the court cannot resolve such disputes without a trial; the Particulars of Claim were inadequate and failed to plead clear entitlements; accrued rights to liquidated damages are not wiped clean by termination for insolvency.

Court Disposition

Application dismissed

Orders

  • Parkway to pay HDW’s costs of and occasioned by the summary judgment application and hearing on an indemnity basis
  • Costs summarily assessed at £44,000 plus VAT if HDW is not VAT registered