Cases - GPN Ltd (In Receivership) v O2 (UK) Ltd

Record details

Name
GPN Ltd (In Receivership) v O2 (UK) Ltd
Date
(2005)
Citation
CILL 2285
Keywords
Construction contracts - certainty of terms - adjudication - adjudicator - jurisdiction - quantity surveyors - actual and ostensible authority - enforcement - strike out - whether a quantity surveyor had represented to have actual or ostensible authority to bind their clients - whether there was a concluded construction contract
Summary

The claimant made an application to enforce the decision of an adjudicator by way of summary judgment. The defendant successfully argued that the claim should be struck out as showing no real prospect of success because there was no contract in writing between the parties. The contract upon which the claimant sought to rely had been negotiated between themselves and the quantity surveyors appointed on behalf of the defendant, but had never been signed by the parties. The court found that the quantity surveyors had neither actual nor ostensible authority to bind their client. Therefore there was no contract in writing.