HT-2024-000423 - [2025] EWHC 942 (TCC)

Fecha: 16-Abr-2025

The First Two Declarations Sought

The First Two Declarations Sought

110.

As set out in paragraph 1 above, the first two declarations sought are as follows:

(1)

That Jaevee engaged Mr Fincham to carry out works at the former Mercy nightclub (“the Demolition Works”) pursuant to the terms of a written sub-contract agreement in accordance with the standard terms of business of Jaevee; or, alternatively

(2)

Jaevee engaged Mr Fincham to carry out the Demolition Works subject to a basic contract formed by the exchange of written communications by email and whatsapp text messages between April 2023 and in or around 23 May 2023 which included a requirement that Mr Fincham issue applications for payment on a monthly basis.

111.

It follows from my conclusions above that I refuse to make the first declaration sought.

112.

The second declaration is inappropriate in the terms set out given that I have concluded that the contract was concluded on 17 May 2023. I also consider that the word “requirement” is inappropriate – “entitlement” would be more appropriate.

113.

Subject to submissions before this judgment is finalised for formal hand down, the second declaration will be as follows:

The Claimant engaged the Defendant to carry out the Demolition Works subject to a basic contract formed by the exchange of written communications by email and WhatsApp text messages between April 2023 and 17 May 2023 which included an entitlement on the part of the Defendant to issue monthly applications for payment in respect of which the Defendant would be paid 28 to 30 days following the date of submission by the Defendant to the Claimant of an invoice.