||All England Reporter
|| All ER (D) 66 (Jan)
||Technology and Construction Court
Judge Richard Havery QC
||Marcus Taverner QC and Alexander Nissen (instructed by CMS Cameron McKenna) for A.
||David Streatfield-James and Robert Clay (instructed by Watson Farley & Williams) for SCL.
||15 January 2002
Estoppel - Convention - Parties to sub-contract adopting conventional basis for their relations - Criteria for certificate of substantial completion satisfying criteria for payment of bonus - Certificate of substantial completion and certificate of entitlement to bonus issued - Whether defendant estopped from resiling from bonus certificate having accepted benefit under certificate of substantial completion.
The court ruled that the defendant was estopped by convention from denying its liability to pay a bonus to the claimants, because the convention between the parties that the bonus was payable was part of a larger convention from which the defendant had derived a benefit, and, considering the position of the defendant, fairness or justice could not allow it to accept the benefits of the larger convention whilst disavowing their liability to pay the bonus.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary