Akram v Academy Doors And Windows Ltd & Anor [2023] EWHC 1653 (KB) (30 June 2023)

Akram v Academy Doors And Windows Ltd & Anor [2023] EWHC 1653 (KB) (30 June 2023)

The judge below was entitled, on the evidence, to find D2 was the contracting party for the building works, that VAT was not payable, that the contract price included materials, that D2 was liable for defective works, and to make the costs order; no real prospect of success on appeal.

Citation
[2023] EWHC 1653 (KB)
Parties
Claimant/respondent: Safeera Akram; Defendant/appellant: Academy Doors and Windows Ltd; Defendant/appellant: Chander Shekhar Lal
Jurisdiction
England and Wales
Judgment Date
30 June 2023
Procedural Posture
Renewed Application for Permission to Appeal (contractual Dispute) / High Court, King's Bench Division, Post Trial, Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Contract Formation, Contractual Parties, VAT Liability, Damages for Defective Works, Costs Orders, Counterclaim Dismissal, Permission to Appeal
Contract Law Civil Procedure Contract Formation Contractual Parties VAT Liability Damages for Defective Works Costs Orders Counterclaim Dismissal +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Safeera Akram

Claimant/respondent

Academy Doors and Windows Ltd

Defendant/appellant

Chander Shekhar Lal

Defendant/appellant

Procedural Posture

Renewed Application for Permission to Appeal (contractual Dispute) / High Court, King's Bench Division, Post Trial, Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in identifying the contracting parties
  2. 2 Whether VAT was payable on the building contract
  3. 3 Whether the trial judge erred in findings on inclusion of materials in contract price

Ratio Decidendi

The judge below was entitled, on the evidence, to find D2 was the contracting party for the building works, that VAT was not payable, that the contract price included materials, that D2 was liable for defective works, and to make the costs order; no real prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused
  • No order as to costs of this application specified