Actionstrength Ltd v International Glass Engineering InGl En SpA and another
Actionstrength Ltd v International Glass Engineering InGl En SpA and another
- 2001
- Construction Industry Law Letter [2001] CILL 1793-1795(3) .
CA 10 October 2001. The appellant (A) entered into a labour only subcontract with the respondent's (S) main contract (I), which owed A substantial sums when it was subsequently wound up. A alleged that it had only continued to supply labour after entering into an oral agreement that S would ensure it would be paid. S contended that this was a guarantee and that, as there was no written record, the Statute of Frauds 1677 s4 meant that it could not be enforced. "Held" : The appeal was dismissed. If, however, I had been a party to the arrangement it might have been possible to read it as facilitating the payment of I'd debts rather than meeting them after I had defaulted. View judgment at www.courtservice.gov.uk.
ACTIONSTRENGTH LTD V INTERNATIONAL GLASS ENGINEERING INGL EN SPA AND ANOTHER
SUBCONTRACTORS
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
ORAL AGREEMENTS
STATUTE OF FRAUDS 1677 S4
CA 10 October 2001. The appellant (A) entered into a labour only subcontract with the respondent's (S) main contract (I), which owed A substantial sums when it was subsequently wound up. A alleged that it had only continued to supply labour after entering into an oral agreement that S would ensure it would be paid. S contended that this was a guarantee and that, as there was no written record, the Statute of Frauds 1677 s4 meant that it could not be enforced. "Held" : The appeal was dismissed. If, however, I had been a party to the arrangement it might have been possible to read it as facilitating the payment of I'd debts rather than meeting them after I had defaulted. View judgment at www.courtservice.gov.uk.
ACTIONSTRENGTH LTD V INTERNATIONAL GLASS ENGINEERING INGL EN SPA AND ANOTHER
SUBCONTRACTORS
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
ORAL AGREEMENTS
STATUTE OF FRAUDS 1677 S4