Jacobs UK Ltd v Skidmore Owings & Merrill LLP [2008] EWHC 2847 (TCC) (21 November 2008)

Jacobs UK Ltd v Skidmore Owings & Merrill LLP [2008] EWHC 2847 (TCC) (21 November 2008)

Summary judgment refused for December 2007 invoice due to pay-when-paid clause and evidence of no sums due; no separate binding agreement found for October and November invoices; defendant's counterclaim generally unpromising but some heads have a real prospect of success, warranting a conditional order requiring payment into court for part of the claim.

Citation
[2008] EWHC 2847 (TCC)
Parties
Claimant: Jacobs UK Limited; Defendant: Skidmore Owings & Merrill LLP
Jurisdiction
England and Wales
Judgment Date
21 November 2008
Procedural Posture
Summary Judgment Application Under CPR Part 24 / High Court, Technology and Construction Court, Post Hearing Judgment
Outcome
Summary judgment refused for December invoice; conditional order granted for October and November invoices.
Legal Topics
Summary Judgment, Set Off and Counterclaim, Termination for Convenience, Professional Services Agreements, Pay When Paid Clauses
Contract Law Construction Law Civil Procedure Summary Judgment Set Off and Counterclaim Termination for Convenience Professional Services Agreements Pay When Paid Clauses

Case Brief

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Parties

Jacobs UK Limited

Claimant

Skidmore Owings & Merrill LLP

Defendant

Procedural Posture

Summary Judgment Application Under CPR Part 24 / High Court, Technology and Construction Court, Post Hearing Judgment

Legal Issues

  1. 1 Whether summary judgment should be granted for unpaid invoices under CPR Part 24
  2. 2 Interpretation and priority of pay-when-paid and 60-day payment provisions
  3. 3 Existence of a separate binding agreement to pay disputed invoices

Ratio Decidendi

Summary judgment refused for December 2007 invoice due to pay-when-paid clause and evidence of no sums due; no separate binding agreement found for October and November invoices; defendant's counterclaim generally unpromising but some heads have a real prospect of success, warranting a conditional order requiring payment into court for part of the claim.

Court Disposition

Summary judgment refused for December invoice; conditional order granted for October and November invoices.

Orders

  • Defendant to pay £568,951.28 into court as condition for defending claim on October and November invoices.
  • No summary judgment for December invoice.