| Publisher Citation: | [2008] All ER (D) 31 (Jan) |
| Neutral Citation: | [2007] EWHC 2341 (QB) |
| Court: | Queen's Bench Division |
| Judge: | Judge Peter Coulson QC |
| Representation | Colin Challenger (instructed by Thomas Cooper) for the claimant. |
| John Bryant (instructed by Jeff Wild) for the defendant. | |
| Judgment Dates: | 24 July 2007 |
Catchwords
Contract - Condition - Breach - Claimant company entering into contract with defendant local authority to pay contribution towards improvement works to be carried out to junction - Local authority being required to carry out works by commencement date - Claimant contending local authority failing to carry out works by commencement date - Whether claimant entitled to repayment of original sums.
The Case
In the instant case, the claimant's claim for repayment of sums which it had originally paid as a contribution towards improvement works of a junction, pursuant to an agreement with the defendant local authority was dismissed, where the contract had stipulated that the local authority would repay those sums if it had not commenced works by the commencement date. In all the circumstances, the defendant had complied with its obligations under the agreement, and in particular, it had commenced the works at the junction prior to the commencement date and in accordance with the agreement.
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