Emery Planning Partnership Ltd v Bevan [2022] EWHC 494 (QB) (03 March 2022)

Emery Planning Partnership Ltd v Bevan [2022] EWHC 494 (QB) (03 March 2022)

The claimant failed to discharge the burden of proof as to the quantum of its claim, except for the sum of £1,650 evidenced by a specific counsel's fee note. The trial judge was entitled to dismiss the remainder of the claim for lack of sufficient evidence, and was not obliged to postpone assessment or enter judgment for a sum to be determined where no such application was made at trial.

Citation
[2022] EWHC 494 (QB)
Parties
Appellant / Claimant: Emery Planning Partnership Limited; Respondent / Defendant: Garie Bevan
Jurisdiction
England and Wales
Judgment Date
03 March 2022
Procedural Posture
Civil Appeal (contract/debt) / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed save for judgment in the sum of £1,650 for counsel's fee note with interest.
Legal Topics
Burden of Proof in Debt Claims, Quantum of Debt, Case Management Discretion, CPR 16.5(4)
Contract Law Civil Procedure Burden of Proof in Debt Claims Quantum of Debt Case Management Discretion CPR 16.5(4)

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Parties

Emery Planning Partnership Limited

Appellant / Claimant

Garie Bevan

Respondent / Defendant

Procedural Posture

Civil Appeal (contract/debt) / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 What evidence is required to prove the quantum of a debt in a contractual claim?
  2. 2 Was the trial judge correct to dismiss the claim for insufficient proof of quantum?
  3. 3 Should judgment have been entered for a sum to be determined or for the proven amount only?

Ratio Decidendi

The claimant failed to discharge the burden of proof as to the quantum of its claim, except for the sum of £1,650 evidenced by a specific counsel's fee note. The trial judge was entitled to dismiss the remainder of the claim for lack of sufficient evidence, and was not obliged to postpone assessment or enter judgment for a sum to be determined where no such application was made at trial.

Court Disposition

Appeal dismissed save for judgment in the sum of £1,650 for counsel's fee note with interest.

Orders

  • Judgment for claimant in the sum of £1,650 plus interest for counsel's fee note dated 22 November 2016.
  • Appeal otherwise dismissed.