Sargeant & Anor v Macepark (Whittlebury Ltd)

Sargeant & Anor v Macepark (Whittlebury Ltd)

The appellants are entitled to recover the stipulated percentages of the figures disclosed in the accepted quotation, not to higher sums invoiced later. The mediation agreement's Clause 10.3 requires that the contractor's price be the disclosed quotation, and the respondents' liability is limited accordingly.

Source-derived case information.

Parties
Appellants: Mr and Mrs Sargeant; Respondent: Macepark (Whittlebury) Limited
Jurisdiction
England and Wales
Judgment Date
24 November 2008
Procedural Posture
Civil Appeal / Appeal From Northampton County Court Judgment Dismissing Claim
Outcome
Appeal allowed in part
Legal Topics
Interpretation of Mediation Agreements, Leasehold Disputes, Contribution to Repair Costs, Construction of Contractual Clauses
Contract Law Property Law Interpretation of Mediation Agreements Leasehold Disputes Contribution to Repair Costs Construction of Contractual Clauses

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Parties

Mr and Mrs Sargeant

Appellants

Macepark (Whittlebury) Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Northampton County Court Judgment Dismissing Claim

Legal Issues

  1. 1 Whether the respondent is obliged to pay the respective percentages of the invoiced sums or only the disclosed quotation under Clause 10.3 of the mediation agreement
  2. 2 Whether the quotations provided contained a reasonably full specification of the work as required by the agreement

Ratio Decidendi

The appellants are entitled to recover the stipulated percentages of the figures disclosed in the accepted quotation, not to higher sums invoiced later. The mediation agreement's Clause 10.3 requires that the contractor's price be the disclosed quotation, and the respondents' liability is limited accordingly.

Court Disposition

Appeal allowed in part

Orders

  • Judgment entered for the appellants for the sum of £18,363.85