Drive (Edgware) Ltd v S & T (UK) Ltd

Drive (Edgware) Ltd v S & T (UK) Ltd

The January email did not constitute a binding instruction to Drive to change the address for payment applications, as it was not directly addressed to Drive and did not amount to a contractual notice or reasonable direction under the relevant clauses. S & T (UK) Ltd is estopped from relying on the January email...

Source-derived case information.

Parties
Claimant: Drive (Edgware) Ltd; Defendant: S & T (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
09 January 2019
Procedural Posture
Part 8 Claim and Enforcement Application / Judgment
Outcome
Part 8 claim dismissed; enforcement of adjudicator's decision granted
Legal Topics
Adjudication Enforcement, Payment Applications, Contractual Notices, Estoppel
Construction Law Contract Law Adjudication Enforcement Payment Applications Contractual Notices Estoppel

Source-derived case record

Summary, issues, holding and outcome

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Parties

Drive (Edgware) Ltd

Claimant

S & T (UK) Ltd

Defendant

Procedural Posture

Part 8 Claim and Enforcement Application / Judgment

Legal Issues

  1. 1 Whether the January email constituted a binding instruction to change the address for payment applications
  2. 2 Whether the payment application was valid under the contract
  3. 3 Whether S & T (UK) Ltd is estopped from relying on the January email point

Ratio Decidendi

The January email did not constitute a binding instruction to Drive to change the address for payment applications, as it was not directly addressed to Drive and did not amount to a contractual notice or reasonable direction under the relevant clauses. S & T (UK) Ltd is estopped from relying on the January email point due to its conduct after the email. The payment application was valid and the adjudicator's decision should be enforced.

Court Disposition

Part 8 claim dismissed; enforcement of adjudicator's decision granted

Orders

  • Adjudicator's decision enforced
  • S & T (UK) Ltd to pay Drive (Edgware) Ltd £382,936.85 plus VAT and interest