Edmonds v Lawson & Anor (t/a Lawson Developments) [2011] EWHC 2867 (TCC) (03 November 2011)

Edmonds v Lawson & Anor (t/a Lawson Developments) [2011] EWHC 2867 (TCC) (03 November 2011)

There was no oral agreement giving the claimant priority repayment of his £300,000 investment; the legal charge and deed of priority gave the defendants priority. The claimant is not entitled to the claimed payment from the defendants. The defendants are entitled to payment for the St Serf works on a quantum meruit...

Source-derived case information.

Citation
[2011] EWHC 2867 (TCC)
Parties
Claimant: Noel Edmonds; Defendant: Ulrik Lawson; Defendant: Judy Lawson
Jurisdiction
England and Wales
Judgment Date
03 November 2011
Procedural Posture
Civil / Judgment After Trial
Outcome
Claimant's claim dismissed; defendants' counterclaim for quantum meruit succeeds.
Legal Topics
Joint Venture, Quantum Meruit, Priority of Charges, Oral Agreements, VAT Liability, Listed Building Consent
Contract Law Property Law Construction Law Joint Venture Quantum Meruit Priority of Charges Oral Agreements VAT Liability +1 more

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Parties

Noel Edmonds

Claimant

Ulrik Lawson

Defendant

Judy Lawson

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether there was an agreement for priority repayment of the claimant's £300,000 investment in the joint venture
  2. 2 Whether the claimant is entitled to a contribution from the defendants under the joint venture agreement upon sale of Wood House
  3. 3 Whether the defendants are entitled to payment for construction works at St Serf on a quantum meruit basis and the proper valuation of such works

Ratio Decidendi

There was no oral agreement giving the claimant priority repayment of his £300,000 investment; the legal charge and deed of priority gave the defendants priority. The claimant is not entitled to the claimed payment from the defendants. The defendants are entitled to payment for the St Serf works on a quantum meruit basis, valued at £693,512 (inclusive of VAT), less sums already paid. The arrangement did not include any agreement to share losses on the sale of Wood House.

Court Disposition

Claimant's claim dismissed; defendants' counterclaim for quantum meruit succeeds.

Orders

  • Claimant not entitled to priority repayment or contribution from defendants regarding Wood House.
  • Defendants entitled to £693,512 (inclusive of VAT) for St Serf works, less sums already paid by claimant.