North Sea Ventilation Ltd v Consafe Engineering (UK) Ltd
There is sufficient evidence of a course of conduct potentially dispensing with the strict requirements of clause GC35 to justify granting permission to appeal, even though the issue is largely factual.
- Parties
- Applicant/claimant: North Sea Ventilation Limited; Respondent/defendant: Consafe Engineering (UK) Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 23 November 2004
- Procedural Posture
- Civil Appeal / Renewed Application for Permission to Appeal
- Outcome
- permission to appeal granted
- Legal Topics
- Variation of Contract, Estoppel by Conduct, Burden of Proof, Building Contracts
Case Brief
Summary, issues, holding and outcome
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Parties
North Sea Ventilation Limited
Applicant/claimant
Consafe Engineering (UK) Limited
Respondent/defendant
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the parties varied or dispensed with the strict requirements of clause GC35 by their conduct
- 2 Whether the judge erred in assessing the weight of evidence regarding the course of conduct
- 3 Whether the claimants met the burden of proof to show the contract terms were not to apply
Ratio Decidendi
There is sufficient evidence of a course of conduct potentially dispensing with the strict requirements of clause GC35 to justify granting permission to appeal, even though the issue is largely factual.
Court Disposition
permission to appeal granted
Orders
- Application for permission to appeal granted
- Time estimate for hearing set at one-and-a-half to two days before a three judge court (which may include a High Court judge)
Full Case Text
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