Point West London Ltd v Mivan Ltd [2012] EWHC 1223 (TCC) (10 May 2012)

Point West London Ltd v Mivan Ltd [2012] EWHC 1223 (TCC) (10 May 2012)

The Settlement Agreement of October 2007 released Mivan from liability for defects in the works that were patent as at 18 October 2007, precluding Point West from seeking damages or specific performance in relation to such defects, including those forming the subject matter of the County Court proceedings and any other patent defects in the development as of that date.

Citation
[2012] EWHC 1223 (TCC)
Parties
Claimant: Point West London Limited; Defendant: Mivan Limited
Jurisdiction
England and Wales
Judgment Date
10 May 2012
Procedural Posture
CPR Part 8 Proceedings / Judgment After Hearing on Construction of Settlement Agreement
Outcome
Declaration granted in favour of Mivan's interpretation.
Legal Topics
Settlement Agreements, Contract Interpretation, Release of Liability, Building Defects
Contract Law Construction Law Settlement Agreements Contract Interpretation Release of Liability Building Defects

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Parties

Point West London Limited

Claimant

Mivan Limited

Defendant

Procedural Posture

CPR Part 8 Proceedings / Judgment After Hearing on Construction of Settlement Agreement

Legal Issues

  1. 1 Whether the October 2007 Settlement Agreement released Mivan from liability for defects under the Building Contract, including latent or patent defects known or unknown at the time.

Ratio Decidendi

The Settlement Agreement of October 2007 released Mivan from liability for defects in the works that were patent as at 18 October 2007, precluding Point West from seeking damages or specific performance in relation to such defects, including those forming the subject matter of the County Court proceedings and any other patent defects in the development as of that date.

Court Disposition

Declaration granted in favour of Mivan's interpretation.

Orders

  • The Agreement between the Claimant and Defendant in October 2007 included a settlement of any liability of the Defendant for and precluded the Claimant from seeking damages or specific performance in relation to: (a) the defects forming the subject matter of the County Court proceedings CHY08472; and (b) any other...