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CASE STUDY: Award-winning landscape designer awarded damages following contract dispute

case study

Award Winning Landscape designer awarded £29,721.01 in damages (including interest and uplift) following a contract dispute

Morecrofts Solicitor who dealt with the case: Kate Naylor, Associate Solicitor, Litigation Department

What happened? Our client entered into a contract to carry out design and landscaping work at a property in Chelsea, London. The Defendant subsequently decided that he did not like the works that had been carried out and sought to argue breach of the Consumer Rights Act 2015 in order to negate his liability for payment under the contract. The Defendant also sought to counterclaim for £32,756.80 (being a set off of £5260.80)

Impact: The unpaid contract could cause reputational damage and affect profit of the business.

How Morecrofts helped: The client sensibly tried to resolve matters directly with the Defendant but engaged Morecrofts when those discussions hit a dead end. Morecrofts assisted and guided the client through the court process, including the engagement of Part 35 experts, advising on a costs protection strategy, gathering and collating evidence to support the case and bringing the case to trial.

The result: The court awarded the client damages of £23,989.82 plus interest and an uplift of 10% for beating an early Part 36 offer. The client was also awarded his legal costs, including costs on the indemnity basis and 10% interest on the indemnity costs, following a successful Part 36 offer. The Defendant’s counterclaim was dismissed.

Find out more about Kate Naylor here

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