![HT-2024-LDS-000014 - [2024] EWHC 3067 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png){kind=logo}
Heading
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN LEEDS
Technology and Construction Court (KBD)
The Business and Property Courts in LeedsWestgate House
6 Grace Street
LeedsLS1 2RP
Before :
Her Honour Judge Kelly sitting as a Judge of the High Court
Between :
GRAIN COMMUNICATIONS LIMITED
Claimant
- and -
SHEPHERD GROUNDWORKS LIMITED
Defendant
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Mr Adam Beaumont (instructed by Ward Hadaway LLP) for the Claimant The Defendant did not appear and was not represented.
Hearing date: 30 September 2024
Handed down: 29 November 2024
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APPROVED JUDGMENT
This judgment was handed down by the Judge remotely by circulation to the parties' representatives by email and release to The National Archives. The date and time for hand-down is deemed to be 10:30am on 29 November 2024.
Her Honour Judge Kelly
Introduction
- Heading
- Introduction
- Background and Evidence
- Interpretation
- Commencement and Completion
- The Works shall be carried out within standard working hours set out in the Order Information
- The Employer shall determine and notify the Contractor in writing of the date when the Works are complete
- 11 Variations
- Any oral instructions given by the Employer requiring a Variation shall be confirmed in writing by the Employer
- The Law
- The Issues
- Is the Claimant’s application inappropriate to be decided in Part 8 proceedings?
- Did the email of 24 October 2023 amount to a variation or a cancellation of the Work Order in breach of contract?
- Did the terms of the Work Order allow the implication of a term preventing the Claimant from postponing the works?
- In any event, if there was a breach of any such implied term, is the Defendant precluded from recovering loss of profit or mobilisation and demobilisation costs as a result of
- Conclusions