EMERY PLANNING PARTNERSHIP LIMITED v GARIE BEVAN

EMERY PLANNING PARTNERSHIP LIMITED v GARIE BEVAN

The claimant failed to discharge the burden of proof regarding the quantum of its claim for professional fees, except for a single counsel's fee note of £1,650, due to insufficient evidential detail on who performed the work, when, and how the fees were calculated. The court upheld the trial judge's dismissal of the claim except for the proven counsel's fee.

Parties
Appellant / Claimant: Emery Planning Partnership Limited; Respondent / Defendant: Garie Bevan
Jurisdiction
England and Wales
Judgment Date
03 March 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed save for £1,650 counsel's fee note.
Legal Topics
Burden of Proof, Quantum of Debt, Case Management, Professional Services Contracts
Contract Law Civil Procedure Burden of Proof Quantum of Debt Case Management Professional Services Contracts

Case Brief

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Parties

Emery Planning Partnership Limited

Appellant / Claimant

Garie Bevan

Respondent / Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 What evidence is required to prove the quantum of a debt claim based on professional services contract?
  2. 2 Did the claimant discharge the burden of proof regarding the amounts claimed under the invoices?
  3. 3 Should the court have postponed the assessment of damages to a later date?

Ratio Decidendi

The claimant failed to discharge the burden of proof regarding the quantum of its claim for professional fees, except for a single counsel's fee note of £1,650, due to insufficient evidential detail on who performed the work, when, and how the fees were calculated. The court upheld the trial judge's dismissal of the claim except for the proven counsel's fee.

Court Disposition

Appeal dismissed save for £1,650 counsel's fee note.

Orders

  • Judgment for claimant in sum of £1,650 plus interest.
  • Appeal otherwise dismissed.