Ruttle Plant Hire v Secretary of State for the Environment & Rural Affairs, Court of Appeal - Technology and Construction Court, December 04, 2007, [2007] EWHC 2870 (TCC)

Reporting Judge: [2007] EWHC 2870 (TCC)

President: Ruttle Plant Hire v Secretary of State for the Environment & Rural Affairs

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Extract

Ruttle Plant Hire v Secretary of State for the Environment & Rural Affairs, Court of Appeal - Technology and Construction Court, December 04, 2007, [2007] EWHC 2870 (TCC)

Neutral Citation Number: [2007] EWHC 2870 (TCC)

Case No: HT-06-118

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

TECHNOLOGY AND CONSTRUCTION COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 04/12/2007

Before :

THE HONOURABLE MR JUSTICE RAMSEY

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Between :

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Andrew Spink QC, Robert-Jan Temmink, and Saul Margo (instructed by Yates Barnes) for the Claimant

Jonathan Acton Davis QC, Rebecca Stubbs (instructed by Nabarro) for the Defendant

Hearing dates: 23rd

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JudgmentThe Hon Mr Justice Ramsey :

Introduction

1. In these proceedings the Claimant, Ruttle Plant Limited (``Ruttle''), seeks to enforce certain rights which it asserts under a Deed of Assignment dated 24 May 2005 entered into between the Liquidator of Farm Assist Limited (``FAL'') and Ruttle. On this application the Defendant, the Secretary of State for the Environment, Food and Rural Affairs (``DEFRA''), seeks to strike out the claim, obtain summary judgment against Ruttle and further relief.

Background

2. In 2001 there was an outbreak of Foot and Mouth Disease in the United Kingdom. As a result the Defendant (at that stage ``MAFF'', the Minster of Agriculture Fisheries and Food) needed to carry out emergency work to contain and eradicate the disease. FAL was engaged by the Defendant under a contract which is pleaded by Ruttle to have been formed partly orally and partly in writing on 13 March 2001 (``the Contract'').

3. Pursuant to the Contract FAL provided labour, plant, materials and consumables for which FAL invoiced the Defendant and received payment on account. As pleaded, £16,138,035 (incl VAT) was invoiced and £8,485,002.76 (plus VAT) was paid.

4. In April 2003 FAL and the Defendant sought to negotiate a settlement. This led to mediation on 24 June 2003 which resulted in a Settlement Agreement. That required the Defendant to pay FAL a further sum of £2,937,500 (incl VAT) and that sum was paid.

5. FAL subsequently ran into financial difficulties. In May 2004 FAL wrote to the Defendant asserting tha...

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