Litigation Letter
Court of Appeal rejects entitlement to recover overpayment
Leslie v Farrar Construction Ltd [2016] EWCA Civ 1041, 1 November 2016
Mr Leslie entered into an oral “framework agreement” with Farrar Construction pursuant to which the parties agreed to identify sites for development and then to build properties on the sites. The relationship between the parties subsequently broke down and the claimant sought to recover from the defendant sums which he alleged he had overpaid to the defendant. The trial judge held that Mr Leslie was not entitled to recover the overpayments, and so he appealed to the Court of Appeal.