QUANTUM MERUIT, CHALLENGING FINDINGS OF FACTS IN ARBITRAL AWARDS AND IMPLIED TERMS

Mowlem Plc v Phi Group Ltd (unreported, 28 July 2004, Technolgy and Construction Court)

Judge Gilliland QC in Mowlem Plc v Phi Group Ltd (unreported, 28 July 2004, Technolgy and Construction Court), has affirmed that for a quantum meruit claim to succeed circumstances must exist which affirmatively establish that the parties contemplated that the claimant would be paid for its services. He also took a strict view of the rule that findings of fact in an arbitral award cannot be challenged in an appeal under the Arbitration Act 1996 and that terms will not be implied into contracts unless they are necessary to give the contract business efficacy.