An article in our legal column (13 January 2006, "Having it large") referred to the case between Shawton Engineering and DGP International.
Shawton lost in the High Court and unsuccessfully appealed.
Shawton had placed several contracts with DGP. Although each contract had a completion date, there were variations.
The trial judge accepted that DGP then had to complete the work within a reasonable time. Shawton claimed that DGP had taken longer than reasonable and was entitled to end the contract. The trial judge rejected Shawton's claim. The Court of Appeal upheld that finding saying: "The judge was right to hold that DGP were not in breach for delay."
We emphasise that there was never any finding that DGP, which successfully resisted Shawton's claims, had failed to complete the works in a reasonable time. We apologise for any embarrassment caused to DGP and its directors.