Doesn’t matter that it’s informal
A top judge has ruled that a WhatsApp exchange constituted a contract in a demolition dispute.
Roger ter Haar KC of Crown Office Chambers, a deputy High Court judge, made the ruling in a dense judgment that runs over 50 pages, centred on whether WhatsApp messages and emails constituted a valid contract. This is the salient bit:
The 81st paragraph of the judgment — some of which reads like a moot problem or an essay question — goes on to make the ruling clear: “In my judgment, the exchange of WhatsApp messages, whilst informal, evidenced and constituted a concluded contract.”
The dispute centred around demolition works at a former Norwich nightclub. Jaevee Homes, a property developer, and Steve Fincham, a contract demolisher, disagreed over sums unpaid. Before going to court, an adjudicator had ruled in Fincham’s favour.
Jaevee, however, did not pay the nearly £146,000 after the adjudication. As a result, Fincham filed with the Technology and Construction Court (TCC), a branch of the High Court, to enforce the adjudication. Jaevee counterclaimed that the original findings of fact were wrong. Fincham argued the contract was based on emails and WhatsApp messages with Jaevee, who claimed the only contract was a formalised written agreement.
