Donne Place Investments Ltd & Anor v McDonnell & Anor

Donne Place Investments Ltd & Anor v McDonnell & Anor

The court found that MCD was not negligent in project management of either Donne Place or Ives Street, that the contractual terms barred recovery for delay at Donne Place, and that there was no deceit or dishonest assistance by LM. The sums due under the accounts were determined according to the contractual documents and the preferred expert evidence. All personal claims against LM were dismissed.

Parties
Claimant: Donne Place Investments Limited; Claimant: Ives Street Investments Limited; Defendant: Louise McDonnell; Defendant: McDonnell Associates Limited
Jurisdiction
England and Wales
Judgment Date
14 April 2011
Procedural Posture
Civil (construction/professional Negligence/accounts) / Judgment After Trial
Outcome
All personal claims against LM dismissed; MCD not liable for negligence; quantum of sums due under accounts to be determined per judgment and further submissions.
Legal Topics
Construction Contracts, Project Management, Breach of Contract, Negligence, Dishonest Assistance, Deceit, Accounting for Project Funds
Contract Law Professional Negligence Equity Construction Contracts Project Management Breach of Contract Negligence Dishonest Assistance +2 more

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Parties

Donne Place Investments Limited

Claimant

Ives Street Investments Limited

Claimant

Louise McDonnell

Defendant

McDonnell Associates Limited

Defendant

Procedural Posture

Civil (construction/professional Negligence/accounts) / Judgment After Trial

Legal Issues

  1. 1 Whether MCD is liable to DPIL/ISIL for sums due under project accounts for Donne Place and Ives Street
  2. 2 Whether MCD was negligent in project management and caused delay
  3. 3 Whether LM is personally liable for dishonest assistance or deceit

Ratio Decidendi

The court found that MCD was not negligent in project management of either Donne Place or Ives Street, that the contractual terms barred recovery for delay at Donne Place, and that there was no deceit or dishonest assistance by LM. The sums due under the accounts were determined according to the contractual documents and the preferred expert evidence. All personal claims against LM were dismissed.

Court Disposition

All personal claims against LM dismissed; MCD not liable for negligence; quantum of sums due under accounts to be determined per judgment and further submissions.

Orders

  • Declaration that MCD is entitled to indemnity from DPIL/ISIL in respect of certain supplier liabilities if pursued.
  • Further submissions invited on the final order as to the account and consequential matters.