J Jarvis & Sons Plc v Galliard Homes Ltd

LORD JUSTICE EVANS LORD JUSTICE SCHIEMANN and MR JUSTICE LINDSAY ____________________

(Transcript of the Handed Down Judgement of Smith Bernal Reporting Limited, 180 Fleet Street London EC4A 2HD Tel No: 0171 421 4040 Fax No 0171 831 8838 Official Shorthand Writers to the Court)

MR JOHN TACKABERRY QC (Mr M Gibson � 12.11.99 only) (instructed by HOWARD KENNEDY, London) for the Appellants MR DAVID FRIEDMAN QC and MS CLAIRE PACKMAN (instructed by EVERSHEDS, London) for the Respondents Judgment ____________________

The Judge dismissed the Summons for three not unrelated reasons. Firstly there was, in his judgment, no contract at all between Galliard and Jarvis; the parties were never ad idem. Secondly, such dealings as they had were, in effect, "Subject to Contract" and hence amounted to no contract and, thirdly, there was, in any event, no written agreement to refer disputes to arbitration such as to permit the Court to stay proceedings pending that arbitration. Galliard, as it has to if it is to succeed, appeals against all three conclusions.

The dispute in this Court has been far-ranging and it will be as well to set out the facts at some length.