London & Regional (St. George’s Court) Ltd v Ministry of Defence
Citation: CILL 2651 and [2009] BLR 20 CA
Nature of case:
This is the appeal against the TCC decision. The case concerned preliminary issues in a dispute arising from the refurbishment of offices owned by the Crown Estate and let to the claimant, who had sub-let to the defendant Ministry. The claimant had undertaken to do the works and issues arose as to whether variations required by the defendant had been certified by the claimant’s consultants as a binding determination of the defendant’s liability and whether the claimant had suffered any recoverable loss and/or was entitled to pursue the claim. The decision of the CA was that the existence of certificates was not a condition precedent to payment, nor were the certificates conclusive of the parties’ rights. A settlement agreement did not prevent the claimant from bringing its claim.
