OMI FACILITIES LTD AGAINST BELHILL LTD [2021] ScotCS CSOH_46 (05 May 2021)

OMI FACILITIES LTD AGAINST BELHILL LTD [2021] ScotCS CSOH_46 (05 May 2021)

OMI Facilities Limited is entitled to payment from Bellhill Limited for services and goods supplied under a novated contract, or alternatively on a quantum meruit basis, as Bellhill benefited from the supplies and staff wages paid by OMI Facilities. The evidence established valid novation, proper invoicing, and implied contracts. Payments made by OMI Facilities for staff wages and supplies are recoverable from Bellhill. The loan of £21,000 is repayable. Bellhill's defences of abuse of process and personal bar fail due to lack of evidence of reliance or prejudice and absence of extreme circumstances.

Citation
[2021] ScotCS CSOH_46
Parties
Pursuer: OMI Facilities Limited; Defender: Bellhill Limited
Jurisdiction
Scotland
Judgment Date
05 May 2021
Procedural Posture
Commercial Action / Final Judgment After Proof
Outcome
judgment for pursuer
Legal Topics
Novation, Quantum Meruit, Implied Contract, Unjust Enrichment, Personal Bar, Abuse of Process
Contract Law Commercial Law Restitution Novation Quantum Meruit Implied Contract Unjust Enrichment Personal Bar +1 more

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Parties

OMI Facilities Limited

Pursuer

Bellhill Limited

Defender

Procedural Posture

Commercial Action / Final Judgment After Proof

Legal Issues

  1. 1 Whether OMI Facilities Limited is entitled to payment for services and goods supplied to Bellhill Limited under contract or quantum meruit
  2. 2 Whether contracts were validly novated to Bellhill Limited
  3. 3 Whether sums paid by OMI Facilities for staff wages and supplies are recoverable from Bellhill Limited

Ratio Decidendi

OMI Facilities Limited is entitled to payment from Bellhill Limited for services and goods supplied under a novated contract, or alternatively on a quantum meruit basis, as Bellhill benefited from the supplies and staff wages paid by OMI Facilities. The evidence established valid novation, proper invoicing, and implied contracts. Payments made by OMI Facilities for staff wages and supplies are recoverable from Bellhill. The loan of £21,000 is repayable. Bellhill's defences of abuse of process and personal bar fail due to lack of evidence of reliance or prejudice and absence of extreme circumstances.

Court Disposition

judgment for pursuer

Orders

  • Decree granted in favour of OMI Facilities Limited for sums and contractual interest under first, second, third, fourth, fifth conclusions.
  • Decree granted for £21,000 plus interest under sixth conclusion.