Mirimskaya v Evans & Anor [2007] EWHC 2073 (TCC) (05 September 2007)

Mirimskaya v Evans & Anor [2007] EWHC 2073 (TCC) (05 September 2007)

Binding contracts existed between Claimant and Dezigner Living Limited for Stage 1 and Phase 1 works; Claimant repudiated both contracts by failing to pay second instalments and by requiring Defendants to vacate site; Defendants not entitled to unpaid instalments due to total failure of consideration but entitled to claim damages for loss of profit.

Citation
[2007] EWHC 2073 (TCC)
Parties
Claimant: Olga Mirimskaya; First Defendant: George Evans; Second Defendant: Dezigner Living Limited
Jurisdiction
England and Wales
Judgment Date
05 September 2007
Procedural Posture
Civil Construction Contract Dispute / Judgment on Liability and Principles for Assessment of Damages
Outcome
Claimant found to have repudiated contracts; Defendants not entitled to unpaid instalments but entitled to claim damages for loss of profit.
Legal Topics
Repudiation, Breach of Contract, Restitution, Quantum Meruit, Loss of Profit
Contract Law Construction Law Repudiation Breach of Contract Restitution Quantum Meruit Loss of Profit

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Parties

Olga Mirimskaya

Claimant

George Evans

First Defendant

Dezigner Living Limited

Second Defendant

Procedural Posture

Civil Construction Contract Dispute / Judgment on Liability and Principles for Assessment of Damages

Legal Issues

  1. 1 Existence of binding contracts between parties
  2. 2 Identification of contracting party
  3. 3 Repudiation and breach of contract

Ratio Decidendi

Binding contracts existed between Claimant and Dezigner Living Limited for Stage 1 and Phase 1 works; Claimant repudiated both contracts by failing to pay second instalments and by requiring Defendants to vacate site; Defendants not entitled to unpaid instalments due to total failure of consideration but entitled to claim damages for loss of profit.

Court Disposition

Claimant found to have repudiated contracts; Defendants not entitled to unpaid instalments but entitled to claim damages for loss of profit.

Orders

  • Questions of quantification adjourned for later consideration.
  • Parties to proceed with assessment of damages based on principles set out in judgment.