Ais Pipework Limited v (Formerly Aig Engineering Services Limited) [2017] EWHC 1523 (TCC) (23 June 2017)

Ais Pipework Limited v (Formerly Aig Engineering Services Limited) [2017] EWHC 1523 (TCC) (23 June 2017)

There are real and substantial issues of fact and law regarding the value of the claimant's work, the existence and quantum of defects, and delay, such that the defendant has a realistic prospect of defending the claim. The claimant has not established that it would in fact obtain judgment for a substantial sum after set-off/counterclaim. Accordingly, neither summary judgment nor interim payment is appropriate.

Citation
[2017] EWHC 1523 (TCC)
Parties
Claimant: AIS Pipework Limited (formerly AIG Engineering Services Limited); Defendant: Saxlund International Limited
Jurisdiction
England and Wales
Judgment Date
23 June 2017
Procedural Posture
Civil (technology and Construction) / Interlocutory Application for Summary Judgment and Interim Payment
Outcome
applications dismissed
Legal Topics
Summary Judgment, Interim Payment, Set Off, Counterclaim, Breach of Contract, Quantification of Damages
Construction Law Contract Law Civil Procedure Summary Judgment Interim Payment Set Off Counterclaim Breach of Contract +1 more

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Parties

AIS Pipework Limited (formerly AIG Engineering Services Limited)

Claimant

Saxlund International Limited

Defendant

Procedural Posture

Civil (technology and Construction) / Interlocutory Application for Summary Judgment and Interim Payment

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment for the sum claimed or a declaration as to the sum payable before set-off/counterclaim.
  2. 2 Whether the claimant is entitled to an interim payment under CPR Part 25.
  3. 3 Whether the defendant has a real prospect of defending the claim based on set-off and counterclaim for defects and delay.

Ratio Decidendi

There are real and substantial issues of fact and law regarding the value of the claimant's work, the existence and quantum of defects, and delay, such that the defendant has a realistic prospect of defending the claim. The claimant has not established that it would in fact obtain judgment for a substantial sum after set-off/counterclaim. Accordingly, neither summary judgment nor interim payment is appropriate.

Court Disposition

applications dismissed

Orders

  • Claimant's application for summary judgment dismissed.
  • Claimant's application for interim payment dismissed.