The High Court recently issued its ruling in the case of Jaevee Homes v Fincham [2025] EWHC 942 (TCC). The judgment runs to 50 pages.
The case arose in the context of a dispute between property developer Jaevee Homes (J), based in Norwich, and demolition contractor Steve Fincham (F). The dispute involved demolition works at a former nightclub in Norwich.
The parties had agreed the F would carry out demolition work but disagreed over the terms of that agreement. F argued the contract was formed by an exchange of WhatsApp text messages, whereas J argued it was based on a demolition subcontract.
The Court found that the parties had agreed a contract by the exchange of WhatsApp messages.
The Court said that the message exchange constituted contract based on the clear agreement on the project’s fee, work scope and payment terms, indicating an intention to create a binding agreement. It rejected J’s argument that it was necessary to agree contract duration or start date for there to be a concluded contract. It also rejected J’s argument that the contracting party wasn’t identified.
The judge said “In my judgment, the exchange of WhatsApp messages, whilst informal, evidenced and constituted a concluded contract.”
