Tallington Lakes Ltd & Ors v Larking Gowen

Tallington Lakes Ltd & Ors v Larking Gowen

The appeal was dismissed because the fixed price contract was conditional upon the accounting records being in good order, which was not satisfied. Clause 14 of the respondent's general terms governed fee calculation in such circumstances, entitling the respondent to charge based on time spent and standard rates. The judge's findings of fact and application of contractual terms were upheld, and allegations of pre-judgment and animosity were unproven.

Parties
Appellant: Tallington Lakes Limited; Appellant: Tallington Holdings Limited; Appellant: Tallington Lakes Leisure Park Limited; Respondent: Larking Gowen
Jurisdiction
England and Wales
Judgment Date
09 July 2014
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Quantum Meruit, Fixed Price Contracts, Incorporation of Terms, Assessment of Reasonable Fees, Joinder of Parties
Contract Law Quantum Meruit Fixed Price Contracts Incorporation of Terms Assessment of Reasonable Fees Joinder of Parties

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Parties

Tallington Lakes Limited

Appellant

Tallington Holdings Limited

Appellant

Tallington Lakes Leisure Park Limited

Appellant

Larking Gowen

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the fixed price contract was conditional upon the state of accounting records
  2. 2 Whether the 'charge a bit more' provision limited fees
  3. 3 Whether clause 14 of the general terms governed fee calculation

Ratio Decidendi

The appeal was dismissed because the fixed price contract was conditional upon the accounting records being in good order, which was not satisfied. Clause 14 of the respondent's general terms governed fee calculation in such circumstances, entitling the respondent to charge based on time spent and standard rates. The judge's findings of fact and application of contractual terms were upheld, and allegations of pre-judgment and animosity were unproven.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Original judgment for respondent affirmed