Blexen Ltd v G Percy Trentham Ltd
Blexen Ltd v G Percy Trentham Ltd
- 1990
- Estates Gazette (1990) 42 EG 133-137(3) .
CA 23 May 1990. B were subcontractors appointed by the main contractor (G). The subcontract works were carried out between July and November 1984. Disputes as to the amount due from the main contractors to the subcontractors were referred to arbitration. B claimed the amount owing was £221,000, however G said the total sum under the contract was £285,000, £278,000 of which had been paid leaving £7,000. On 4 August 1986 G made a sealed offer to settle claims in the arbitration for the sum of £77,000 including interest to date. The offer was not accepted. On 3 February 1987 the arbitrator made an interim award in which he offered B £52,958 including interest to date of the award. The equivalent with interest to 4 August only, ie the date of the sealed offer, was £49,867, £27,000 less than the offer. The question then arose as to who should claim costs . B claimed them saying that they were the successful party in the arbitration having recovered an award of nearly £53,000. G claimed th
BLEXEN LTD V G PERCY TRENTHAM LTD
CA 23 May 1990. B were subcontractors appointed by the main contractor (G). The subcontract works were carried out between July and November 1984. Disputes as to the amount due from the main contractors to the subcontractors were referred to arbitration. B claimed the amount owing was £221,000, however G said the total sum under the contract was £285,000, £278,000 of which had been paid leaving £7,000. On 4 August 1986 G made a sealed offer to settle claims in the arbitration for the sum of £77,000 including interest to date. The offer was not accepted. On 3 February 1987 the arbitrator made an interim award in which he offered B £52,958 including interest to date of the award. The equivalent with interest to 4 August only, ie the date of the sealed offer, was £49,867, £27,000 less than the offer. The question then arose as to who should claim costs . B claimed them saying that they were the successful party in the arbitration having recovered an award of nearly £53,000. G claimed th
BLEXEN LTD V G PERCY TRENTHAM LTD