AIS Pipework Ltd (formerly AIG Engineering Services Ltd) v Saxlund International Ltd
Citation: [2017] EWHC 1523 (TCC)
This was an application for summary judgment and/or for interim payment made by the Claimant, a subcontractor engaged by the Defendant main contractor to carry out the installation of pipework as part of a project to construct a biomass plant.
The court rejected the application for summary judgment on the basis that there were numerous triable issues relating to the contractual position between the parties, as well as substantive issues relating to breach, causation and quantum, some of which required expert evidence to determine and all of which were not suitable for summary judgment and would involve a “mini-trial”.
The court also rejected the application for interim payment, on the ground that the Claimant could not establish that it would in fact obtain judgment at trial for a substantial amount of money. Nor was it appropriate to make an order that the Defendant pay money into court.
James Thompson appeared for the Defendant.
