Murray v Camerons Limited [2021] JRC 234 (21 September 2021)
The quantum of the Defendant's entitlement is to be calculated using Interim Certificate No. 14 as the starting point, with adjustments only as permitted by the Court's prior guidance, and the Plaintiff's Notional Final Account methodology is rejected as inconsistent with the Judgment.
- Citation
- [2021] JRC 234
- Parties
- Plaintiff: Sir Bob Murray CBE; Defendant: Camerons Limited
- Jurisdiction
- Jersey
- Judgment Date
- 21 September 2021
- Procedural Posture
- Civil / Quantum Assessment Following Liability Judgment
- Outcome
- Judgment for the Defendant on quantum assessment.
- Legal Topics
- Quantum Meruit, JCT Standard Form Contract, Interim Valuations, Overhead and Profit, Variation Claims
Case Brief
Summary, issues, holding and outcome
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Parties
Sir Bob Murray CBE
Plaintiff
Camerons Limited
Defendant
Procedural Posture
Civil / Quantum Assessment Following Liability Judgment
Legal Issues
- 1 How should the quantum of the Defendant's entitlement under the construction contract be calculated?
- 2 Is the Defendant entitled to additional sums for overhead and profit, sub-contractor claims, or legal costs?
- 3 Should the Plaintiff's expert's Notional Final Account methodology be adopted?
Ratio Decidendi
The quantum of the Defendant's entitlement is to be calculated using Interim Certificate No. 14 as the starting point, with adjustments only as permitted by the Court's prior guidance, and the Plaintiff's Notional Final Account methodology is rejected as inconsistent with the Judgment.
Court Disposition
Judgment for the Defendant on quantum assessment.
Orders
- Plaintiff to pay Defendant £337,333, excluding interest, as detailed in the Judgment.
Full Case Text
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