D & K Drost Consult GMBH and another v Foremost Leisure (Holdings) Ltd

Contract – Construction. The claimants undertook some work in respect of a proposed site for a hotel in Germany, which the defendant sought to acquire and develop. After a period of negotiation, the parties agreed that the claimants would be paid €150,000, plus VAT. The claimants brought proceedings in respect of the agreement and the question was whether, on its true construction, it was an agreement to pay for services rendered in the past or only if further work was done. The judge awarded the claimants the agreed sum, holding that no further performance was required. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, held, inter alia, that, in the circumstances, it was not possible to reach a different conclusion from the judge on the essential findings of fact.

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