Jacobs UK Ltd v Skidmore Owings & Merrill LLP

Jacobs UK Ltd v Skidmore Owings & Merrill LLP

Summary judgment is granted only for the portion of the claim not defeated by set-off and counterclaim, with a conditional order for the disputed sums, as the defendant demonstrated real prospects of success on certain counterclaim items and set-off, but not others.

Parties
Claimant: Jacobs UK Limited; Defendant: Skidmore Owings & Merrill LLP
Jurisdiction
England and Wales
Judgment Date
21 November 2008
Procedural Posture
Commercial Dispute / Summary Judgment Application
Outcome
Summary judgment granted in part; conditional order made for disputed sums.
Legal Topics
Summary Judgment, Set Off, Counterclaim, Professional Services Contract, Termination for Convenience
Contract Law Civil Procedure Summary Judgment Set Off Counterclaim Professional Services Contract Termination for Convenience

Case Brief

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Parties

Jacobs UK Limited

Claimant

Skidmore Owings & Merrill LLP

Defendant

Procedural Posture

Commercial Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted for unpaid invoices under CPR Part 24
  2. 2 Whether a pay-when-paid clause or a 60-day longstop governs payment
  3. 3 Whether a separate agreement to pay was reached

Ratio Decidendi

Summary judgment is granted only for the portion of the claim not defeated by set-off and counterclaim, with a conditional order for the disputed sums, as the defendant demonstrated real prospects of success on certain counterclaim items and set-off, but not others.

Court Disposition

Summary judgment granted in part; conditional order made for disputed sums.

Orders

  • Summary judgment in favour of claimant for £68,766.44.
  • Defendant to pay £343,199.29 into court as condition to pursue counterclaim.