“… justify non-payment of the sum claimed had to be asserted at the time, or the sum claimed would be due (see Rupert Morgan Building Services (LLC) Ltd v Jervis [2004] 1 WLR 1867, CA). In general terms, therefore, nice distinctions between abatement and set-off no longer mattered. The whole purpose of the payment provisions was to ensur…”
“…In Rupert Morgan Building Services (LLC) Ltd v Jervis & anr [2003] EWCA Civ 1563; [2004] 1 WLR 1867 the parties entered into a contract in the standard form issued by the Architecture and Surveying Institute. This provided for payment to be made on the basis …”
“… judgment, then it should have been and it is certainly made clear by the decision of the Court of Appeal in Rupert Morgan Building Services (LLC) Ltd v Jervis [2004] 1 WLR 1867, in particular the passage from paragraph 14 that is set out in paragraph 30 below. My judgment in ISG v Seevic was not intended to go behind that.”…”
“…sistent with the reasoning of Judge Humphrey Lloyd QC in the Watkin Jones case 86 Con LR 155 and the reasoning of the Court of Appeal in the Rupert Morgan case [2004] 1 WLR 1867. Nothing in the ISG case [2015] 2 All ER (Comm) 545 or the Galliford Try case [2015] BLR 321 contradicts this conclusion.…”