Dynniq UK Ltd v Lancashire County Council [2017] EWHC 3173 (TCC) (07 December 2017)

Dynniq UK Ltd v Lancashire County Council [2017] EWHC 3173 (TCC) (07 December 2017)

The contract, properly construed, provides that traffic safety and management is generally deemed included in the prices for other items in the Price List and is only to be separately measured and paid for when instructed on a Task Order for the exclusive use or benefit of the defendant or a third party, as expressly stated in sub-paragraph 2(xxviii) of the Preamble and the Note at the start of Series 100. The claimant's interpretation is inconsistent with the clear wording and commercial purpose of the contract.

Citation
[2017] EWHC 3173 (TCC)
Parties
Claimant: Dynniq UK Limited; Defendant: Lancashire County Council
Jurisdiction
England and Wales
Judgment Date
07 December 2017
Procedural Posture
Part 8 Claim (cpr Part 8) / Judgment After Hearing
Outcome
Claimant's claim for declarations (a)(i) and (ii) refused; declaration (a)(iii) granted only in terms consistent with the contract's language.
Legal Topics
Contract Interpretation, Service Contracts, Measurement and Payment Provisions, Bespoke Contract Amendments
Contract Law Construction Law Public Procurement Contract Interpretation Service Contracts Measurement and Payment Provisions Bespoke Contract Amendments

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Parties

Dynniq UK Limited

Claimant

Lancashire County Council

Defendant

Procedural Posture

Part 8 Claim (cpr Part 8) / Judgment After Hearing

Legal Issues

  1. 1 Proper interpretation of sub-paragraph 2(xxviii) of the Preamble and the Note at the start of Series 100 in the Price List regarding traffic safety and management payments under the contract.
  2. 2 Whether traffic safety and management is always to be measured and paid for separately or only in specified circumstances.

Ratio Decidendi

The contract, properly construed, provides that traffic safety and management is generally deemed included in the prices for other items in the Price List and is only to be separately measured and paid for when instructed on a Task Order for the exclusive use or benefit of the defendant or a third party, as expressly stated in sub-paragraph 2(xxviii) of the Preamble and the Note at the start of Series 100. The claimant's interpretation is inconsistent with the clear wording and commercial purpose of the contract.

Court Disposition

Claimant's claim for declarations (a)(i) and (ii) refused; declaration (a)(iii) granted only in terms consistent with the contract's language.

Orders

  • Declarations (a)(i) and (ii) refused.
  • Declaration granted that traffic safety and management is only to be separately measured and paid for when instructed on a Task Order for the exclusive use or benefit of the defendant or a third party, in accordance with sub-paragraph 2(xxviii) and the Note at Series 100.