Dispute Resolution Client Stories
Here are some recent success stories from our clients. If you wish to discuss a potential dispute resolution claim with one of our specialist solicitors, call us on 0117 325 2929 or complete our online enquiry form.
Successfully obtaining a judgment for breach of contract | £14,005+ settlement
Our clients, Mr and Mrs B, had taken their car to a garage to fix an issue with the gearbox. The car was a classic car, brought as an investment, and therefore not their main method of transport. The garage failed to replace the gearbox and Mr and Mrs B were, understandably, unhappy. The garage informed our clients that it would take some time to replace the gearbox and that they would contact them when it was ready for collection. Mr and Mrs B received a shock when they were notified by the DVLA that their vehicle had been sold (without their permission).
We were instructed by Mrs B as she had obtained a judgment in default against Mr A, for the sum of £10,000, and was having difficulty enforcing her judgment. Unfortunately, Mrs B had obtained a judgment against Mr A and not the garage.
We therefore prepared an application for Mrs B to add the garage to the proceedings. Additionally, Mr B was also added to the proceedings and the claim was increased to £15,000. We then prepared Amended Particulars of Claim and the garage filed a Defence and Counterclaim alleging that they were entitled to storage costs in excess of £35,000. A Defence to the Counterclaim was filed and an early Part 36 offer was made for the garage to pay our clients the sum of £10,000 plus their costs to date.
The garage did not accept the Part 36 offer, and Mr and Mrs B obtained a judgment of £14,005 at the final hearing. The garage was therefore penalised when dealing with costs, and our clients were awarded a sum in excess of their statement of costs.
Successfully defending an alleged breach of contract | £1,800 settlement
Our clients, Mr and Mrs A, had a claim issued against them for unpaid invoices. The Claimant had been instructed to refurbish and decorate our clients’ property. However, the work was incomplete and it was not carried out by the Claimant with reasonable care and skill. The Claimant terminated the contract by instructing his apprentices to leave the property and not return, and our clients subsequently confirmed that they wished to terminate the Claimant’s services due to his numerous breaches. Mr and Mrs A then had to get a third party to complete the incomplete works and to rectify the poor workmanship.
After a thorough investigation of our clients’ position, we identified the appropriate steps to assist them in defending the claim which had been brought against them. The Particulars of Claim, which had been filed by the Claimant, lacked sufficient detail to enable our clients to respond to the alleged claim.
We therefore filed a Defence and made an application for further and better Particulars of Claim to be filed. An ‘Unless Order’ was made by the Court requiring the Claimant to comply with our request within a specified timeframe, or the claim against our clients would be struck out. The Claimant failed to comply with the Order and therefore his claim was struck out. He subsequently attempted to reinstate his claim and a hearing was listed. We instructed counsel to attend on behalf of our clients and we successfully opposed his request. The Claimant’s claim remained struck out and Mr and Mrs A were awarded £1,800, a substantial portion of their costs.