Alba Management Consultants Ltd v. Carillon Plc & Anor [2005] ScotCS CSOH_53 (20 April 2005)

Alba Management Consultants Ltd v. Carillon Plc & Anor [2005] ScotCS CSOH_53 (20 April 2005)

The court held that the parties did not reach a binding agreement for monthly payments to continue for five years; the only concluded contract was for a fixed 24-month period at £20,000 plus VAT per month, and no further enforceable obligation arose for the additional thirty-nine payments claimed.

Citation
[2005] ScotCS CSOH_53
Parties
Pursuer: Alba Management Consultants Limited; First Defender: Carillion Plc; Second Defender: Carillion Services Limited
Jurisdiction
Scotland
Judgment Date
20 April 2005
Procedural Posture
Civil Commercial Contract Dispute / Judgment After Proof (trial)
Outcome
Action dismissed; defenders assoilzied (absolved) from liability for further payments.
Legal Topics
Formation of Contract, Interpretation of Contract, Remuneration Under Consultancy Agreements, Termination of Contract, Proof of Agreement
Contract Law Commercial Law Formation of Contract Interpretation of Contract Remuneration Under Consultancy Agreements Termination of Contract Proof of Agreement

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Parties

Alba Management Consultants Limited

Pursuer

Carillion Plc

First Defender

Carillion Services Limited

Second Defender

Procedural Posture

Civil Commercial Contract Dispute / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether a binding contract existed for payment of monthly sums for five years
  2. 2 Whether the defenders were contractually bound to pay further sums to the pursuers
  3. 3 Interpretation of correspondence and conduct as constituting contractual terms

Ratio Decidendi

The court held that the parties did not reach a binding agreement for monthly payments to continue for five years; the only concluded contract was for a fixed 24-month period at £20,000 plus VAT per month, and no further enforceable obligation arose for the additional thirty-nine payments claimed.

Court Disposition

Action dismissed; defenders assoilzied (absolved) from liability for further payments.

Orders

  • Repel third and fourth pleas in law for the pursuers.
  • Sustain third plea in law for the first defenders and fourth plea in law for the second defenders.