YJL London Ltd v Roswin Estates LLP

YJL London Ltd v Roswin Estates LLP

The Final Account Agreement of 15 December 2008 was a full and final settlement of all claims and cross-claims between the parties, save possibly for latent defects not pleaded. It displaced the contractual clause 30 process, and the agreed balance of £136,395.60 became due and payable. The defendant was precluded...

Source-derived case information.

Parties
Claimant: YJL London Limited; Defendant: Roswin Estates LLP
Jurisdiction
England and Wales
Judgment Date
03 December 2009
Procedural Posture
Civil (construction/contract) / Preliminary Issues Determination; Interim Payment Order
Outcome
Interim payment ordered; Defence and Counterclaim based on defects struck out; summary judgment deferred due to alleged compromise.
Legal Topics
Final Account Agreements, Settlement of Claims, Defects Liability, Interim Payments, Contract Interpretation
Contract Law Construction Law Final Account Agreements Settlement of Claims Defects Liability Interim Payments Contract Interpretation

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Parties

YJL London Limited

Claimant

Roswin Estates LLP

Defendant

Procedural Posture

Civil (construction/contract) / Preliminary Issues Determination; Interim Payment Order

Legal Issues

  1. 1 Whether the Final Account Agreement of 15 December 2008 effected a full and final settlement of all claims and cross-claims between the parties
  2. 2 Whether the agreement displaced the contractual clause 30 process and created an immediate entitlement to payment
  3. 3 Whether the agreement relieved the claimant of liability for defects or precluded the defendant from raising defects by way of set-off or counterclaim

Ratio Decidendi

The Final Account Agreement of 15 December 2008 was a full and final settlement of all claims and cross-claims between the parties, save possibly for latent defects not pleaded. It displaced the contractual clause 30 process, and the agreed balance of £136,395.60 became due and payable. The defendant was precluded from raising set-off or counterclaims for patent defects known or reasonably discoverable at the time of the agreement.

Court Disposition

Interim payment ordered; Defence and Counterclaim based on defects struck out; summary judgment deferred due to alleged compromise.

Orders

  • Roswin Estates LLP to pay YJL London Limited £130,000 within 14 days by way of interim payment under CPR 25.7.
  • Defence and Counterclaim based on defects struck out.