000 01942cad a22002055a 4500
001 L138433
008 070606e20070320xxk f w 000 0 eng d
035 _a(Sirsi) u138433
041 0 _aeng
245 0 0 _aClaymore Services Ltd v Nautilus Properties Ltd
_h[electronic resource]
260 _c2007
520 _a[2007] EWHC 805 (TCC), 20 March 2007. Considers the application of interest in the event of non-payment. Claimant contractor (C) issued proceedings against defendant property owner (N) for payment for building work carried out at N?s property. Prior to the trial, C had accepted there was no contract and claimed the sums should be paid as a quantum meruit, and it was agreed N would pay £750 000 to C. The court had to determine the period during which interest should apply and to fix an appropriate rate. C argued that interest should start to run from the date of completion of its works or from June 2004 when N had had time to consider C's final accounts. N contended that no interest should be payable until the sum due to C became apparent in December 2006. "Held": judgment in part for C. Where a claim was based in quantum meruit, interest for non-payment should only run from the date when the sum due was ascertainable, which in this case was June 2004. However, as C was guilty of unreasonable delay in commencing litigation, the interest payable to C should be reduced by 50% for one year.
590 _aKA
650 2 4 _aCLAYMORE SERVICES LTD V NAUTILUS PROPERTIES LTD
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
690 _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2007/805.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c78869
_d78869