Re: Small claims help?

Ste wrote:
On 7 Sep, 01:34, "Joe Lee" <inva...@xxxxxxxxxx> wrote:
Ste wrote:
You'd have to be far more specific for us to give you any helpful
advice. I'm currently helping another poster with an appeal in a
dispute about works and materials, and advising him was made
considerably easier by the supply of the trial documents as well as
his detailed discussion of the circumstances.

I would be interested to know the outcome of that Appeal which IIRC
is due to be heard on the 18th of this month.

It's the 16th if I remember correctly.

Basically I've had to tell John that he stands no prospect of having
the judgment reversed completely. The only question is whether the
contract was terminated on 3rd July, and I've suggested to him that he
ought to argue strongly that it was, so that he can in turn plead
mitigation of loss from that date.

If the contract wasn't terminated on 3rd July, then that's quite
possibly going to cost him even more, because after 3rd July Ghisi
took legal advice and instead affirmed the contract (meaning Ghisi
probably didn't have to mitigate until 28th July at the earliest, when
John refused to pay the bill, and by then the door may well have been
complete, and the time may well have passed for returning any of the
fittings).

So as I say, given that the trial Judge has construed the contract in
a way favourable to Ghisi, and given therefore that John was in breach
one way or another, and given that he doesn't want the door in any
shape or form, I strongly suggest to him that he concedes that he was
in breach at the earlier date.

Without returning to the file again I cannot safely comment on the time-line, but I was struck that the Collins' instructed WM almost entirely (I might say purely) on a "need to know" basis, yet sadly they didn't themselves know what they wanted other than a suitabkw bespoke door in oak with proportional furniture / "ironmongery".

That he doesn't now want the door in any shape or form is entirely irrelevant, although I understand why he has now adopted that attitude,

I believe we agree that the Appeal will deal purely with the quantum.

I remain nonetheless interested in the outcome.

--
Joe Lee

.

Relevant Pages

  • Re: Small Claims Appeal
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  • Re: Small claims help?
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  • Re: Small Claims Appeal
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