Hayes (t/a Tudor Rose Windows) v Stewart & Anor [2002] EWCA Civ 513 (22 March 2002)

Hayes (t/a Tudor Rose Windows) v Stewart & Anor [2002] EWCA Civ 513 (22 March 2002)

The defendants wrongfully prevented the claimant from completing the contract, thus depriving the claimant of the opportunity to rectify defects. The claimant did not abandon the contract. However, the judge erred by not considering the quantum of defects and their impact on the amount due, necessitating a retrial on quantum only.

Citation
[2002] EWCA Civ 513
Parties
Claimant/respondent: Kay Hayes t/a Tudor Rose Windows; Respondents/appellants: Mr and Mrs Lorrie Stewart
Jurisdiction
England and Wales
Judgment Date
22 March 2002
Procedural Posture
Civil Appeal / Appeal From Burnley County Court Judgment
Outcome
Appeal allowed in part; retrial ordered on quantum only; liability stands with claimant.
Legal Topics
Repudiatory Breach, Quantum Meruit, Building Contracts, Termination of Contract, Set Off and Counterclaim
Contract Law Civil Procedure Repudiatory Breach Quantum Meruit Building Contracts Termination of Contract Set Off and Counterclaim

Case Brief

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Parties

Kay Hayes t/a Tudor Rose Windows

Claimant/respondent

Mr and Mrs Lorrie Stewart

Respondents/appellants

Procedural Posture

Civil Appeal / Appeal From Burnley County Court Judgment

Legal Issues

  1. 1 Whether the defendants repudiated the contract by preventing completion of works
  2. 2 Whether defects in workmanship justified termination by the defendants
  3. 3 Whether the claimant abandoned the contract

Ratio Decidendi

The defendants wrongfully prevented the claimant from completing the contract, thus depriving the claimant of the opportunity to rectify defects. The claimant did not abandon the contract. However, the judge erred by not considering the quantum of defects and their impact on the amount due, necessitating a retrial on quantum only.

Court Disposition

Appeal allowed in part; retrial ordered on quantum only; liability stands with claimant.

Orders

  • Retrial on quantum before a different judge, not to be relisted until settlement or ADR attempts fail.
  • Order for costs below remains in favour of claimant respondents.