HT-2023-000006 - [2024] EWHC 2516 (TCC)

Fecha: 03-Oct-2024

This judgment was handed down by the court remotely by circulation to the parties’ representatives by email and released to The National Archives. The date and time for hand-down is deemed to be 3 Oct

This judgment was handed down by the court remotely by circulation to the parties’ representatives by email and released to The National Archives. The date and time for hand-down is deemed to be 3 October 2024 at 10.30am

Mr Roger ter Haar KC :

In this action and an associated action, I have previously handed down six judgments:

(1)

On 15 February 2023: [2023] EWHC 301 (TCC);

(2)

On 16 June 2023: [2023] EWHC 1483 (TCC);

(3)

On 6 October 2023: [2023] EWHC 2475 (TCC);

(4)

On 17 October 2023: [2023] EWHC 2576 (TCC);

(5)

On 18 June 2024: [2024] EWHC 1510 (TCC);

(6)

On 6 September 2024: [2024] EWHC 2295 (TCC).

In this judgment, as in my previous judgments, I refer to J & B Hopkins Ltd as “J&BH” and to A & V Building Solution Limited as “A & V”.

In the Fifth judgment handed down on 18 June 2024, I decided almost all the issues between the Parties on the merits. At paragraphs 521 and 522 I decided:

521.
Accordingly the amount due to A & V is as follows:
Claim
Amount Awarded
Measured works
£407,156.25
Variation account
£53,200
Loss of profit
£6,096.56
Less paid
-£364,909.64
Amount due
£101,543.17
522.
This does not allow for interest or adjudicators’ fees.

In the Sixth judgment handed down on 6 September 2024 I determined the issues between the Parties as to adjudicators’ fees and interest.

Issues have now arisen as to the amounts which I should award which have not previously been raised. There are some issues also outstanding as to the calculation of interest.

The issues which I am asked to consider are:

(1)

The calculation of the sum due for the measured works claim;

(2)

VAT;

(3)

The effect of the Construction Industry Scheme;

(4)

Interest;

(5)

The sums due to J&BH;

(6)

Appropriate order at this stage.

Claim		Amount Awarded

Measured works		£407,156.25
Variation account		£53,200
Loss of profit		£6,096.56

Less paid		-£364,909.64

Amount due		£101,543.17