Case study: £1,800 settlement for successful breach of contract defence

Our dispute resolution solicitors advised a couple facing a claim from a contractor whose own conduct had ended the contract, and whose case against them lacked the detail required to be considered.

Background

Our clients, Mr and Mrs A, had a claim issued against them for unpaid invoices. The claimant had been instructed to refurbish and decorate their property, but the work was left incomplete and was not carried out with reasonable care and skill. The claimant terminated the contract himself, instructing his apprentices to leave the property and not return. Mr and Mrs A subsequently confirmed they wished to end the claimant’s services due to his numerous breaches, and had to bring in a third party to complete the outstanding works and put right the poor workmanship.

The challenge

The Particulars of Claim filed by the claimant lacked sufficient detail for our clients to properly respond to the allegations made against them.

Our approach

After a thorough investigation of our clients’ position, we filed a defence and made an application for further and better Particulars of Claim. The court made an Unless Order. This required the claimant to comply within a specified timeframe or have his claim struck out. The claimant failed to comply, and his claim was dismissed.

The claimant then attempted to reinstate his claim, and a hearing was listed. Our lawyers instructed counsel to attend on our clients’ behalf and successfully opposed the request.

The outcome

The claim remained struck out. Mr and Mrs A were awarded £1,800, covering a substantial portion of their costs.

Contact our dispute resolution solicitors

To discuss a breach of contract claim with a member of our team, call 0117 325 2929. Alternatively, complete our online enquiry form, and we will be in touch.