“…itical factor in demonstrating that the parties intended to create legal relations (see the classic statement of Steyn LJ in G.Percy Trentham v Archital Luxfer [1993] 1 Lloyd’s Rep 25 at 27, to which Lord Clarke referred). But the position is very different here. Building work was done on The Barns but that was paid for by JKR, and there is …”
“…hould always strive to find a concluded contract in circumstances where work has been performed (see per Steyn LJ in G Percy Trentham v Archital Luxfer Limited [1993] 1 Lloyd’s Rep 25), as the judge indeed did, he nonetheless held the court was not entitled to rewrite history so as to incorporate into that contract express terms which were n…”