Ais Pipework Limited v (Formerly Aig Engineering Services Limited)

Ais Pipework Limited v (Formerly Aig Engineering Services Limited)

There are real and substantial disputes regarding the amount owed, contractual terms, alleged defects, and delay, giving the defendant a realistic prospect of defending the claim and providing compelling reasons for trial. The claimant has not established it would in fact obtain judgement for a substantial amount of...

Source-derived case information.

Parties
Claimant: AIS Pipework Limited; Defendant: Saxlund International Limited
Jurisdiction
England and Wales
Judgment Date
23 June 2017
Procedural Posture
Civil / Ruling on Applications for Summary Judgement and Interim Payment
Outcome
applications for summary judgement and interim payment dismissed
Legal Topics
Summary Judgement, Interim Payment, Set Off, Counterclaim, Breach of Contract, Quantification of Damages
Contract Law Construction Law Summary Judgement Interim Payment Set Off Counterclaim Breach of Contract Quantification of Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

AIS Pipework Limited

Claimant

Saxlund International Limited

Defendant

Procedural Posture

Civil / Ruling on Applications for Summary Judgement and Interim Payment

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgement for the sum claimed
  2. 2 Whether the claimant is entitled to an interim payment
  3. 3 Whether the defendant's set-off and counterclaim have realistic prospects of success

Ratio Decidendi

There are real and substantial disputes regarding the amount owed, contractual terms, alleged defects, and delay, giving the defendant a realistic prospect of defending the claim and providing compelling reasons for trial. The claimant has not established it would in fact obtain judgement for a substantial amount of money, so neither summary judgement nor interim payment is appropriate.

Court Disposition

applications for summary judgement and interim payment dismissed

Orders

  • Matter to be listed for costs and case management conference
  • Parties to prepare draft order reflecting dismissal