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Total M and E Services v ABB Building Technologies Ltd

27 November 2015

Citation: 87 Con LR 154 TCC and [2002] EWHC 248

Nature of case: This decided that orally agreed variations of the same type as those provided for in a sub-contract could constitute an agreement in writing for the purposes of s.107 HGCRA.  The bar in the Scheme on award of costs was upheld.  The potential inability of a claimant to repay an award is not always a bar to summary judgment.  This was understood to be subject to appeal. 

Link to Judgment

Counsel

Richard Harding KC
Richard Harding KC