Safeera Akram v Academy Doors and Windows Ltd

Safeera Akram v Academy Doors and Windows Ltd

The Judge's findings on the identity of the contracting parties, VAT liability, inclusion of materials in the contract price, responsibility for defective works, and the proportionality of the costs order were all open to him on the evidence and in law. There is no real prospect of success on appeal against these findings or the dismissal of the counterclaim.

Parties
Claimant/respondent: Safeera Akram; Defendant/appellant: Academy Doors and Windows Ltd; Defendant/appellant: Chander Shekhar Lal
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Contract Formation, Identity of Contracting Parties, VAT Liability, Damages Assessment, Costs Orders, Counterclaim Dismissal
Contract Law Civil Procedure Contract Formation Identity of Contracting Parties VAT Liability Damages Assessment Costs Orders Counterclaim Dismissal

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Parties

Safeera Akram

Claimant/respondent

Academy Doors and Windows Ltd

Defendant/appellant

Chander Shekhar Lal

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Who were the contracting parties to the building works contract?
  2. 2 Was VAT payable on the building services contract?
  3. 3 Are the Appellants liable for the defective works?

Ratio Decidendi

The Judge's findings on the identity of the contracting parties, VAT liability, inclusion of materials in the contract price, responsibility for defective works, and the proportionality of the costs order were all open to him on the evidence and in law. There is no real prospect of success on appeal against these findings or the dismissal of the counterclaim.

Court Disposition

Permission to appeal refused