Pavilion Property Trustees Ltd and another v Urban & Civic Projects Ltd

Contract – Development management agreement. The defendant had lost its right to refer a dispute about the profit share to an independent expert in accordance with the terms of a development management agreement (DMA). The Chancery Division ruled that the evidence did not support a finding that the claimants had impliedly represented that they would not enforce any right to insist on a referral being made by 28 January 2016, and that the defendant was deemed under the DMA, to have accepted the accuracy of the claimants' calculation that the defendant's profit share was zero. The court also determined that certain communications between the claimants and the defendant were subject to the without prejudice rule, because they had been negotiations aimed at settlement.

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