Mirimskaya v Evans & Anor [2007] EWHC B11 (TCC) (05 September 2007)

Mirimskaya v Evans & Anor [2007] EWHC B11 (TCC) (05 September 2007)

The Claimant repudiated two binding contracts with Dezigner Living Limited by failing to pay agreed instalments and wrongly accepting DZL's conduct as repudiatory. DZL is not entitled to recover the unpaid instalments due to total failure of consideration but may claim damages for loss of profit, subject to further evidence.

Citation
[2007] EWHC B11 (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 Claim / 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
Repudiatory Breach, Formation of Contract, Restitution, Damages, Quantum Meruit
Contract Law Construction Law Repudiatory Breach Formation of Contract Restitution Damages Quantum Meruit

Case Brief

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Parties

Olga Mirimskaya

Claimant

George Evans

First Defendant

Dezigner Living Limited

Second Defendant

Procedural Posture

Civil Claim / Judgment on Liability and Principles for Assessment of Damages

Legal Issues

  1. 1 Whether binding contracts existed between the parties
  2. 2 With whom were contracts made and their terms
  3. 3 Whether either party breached or repudiated the contracts

Ratio Decidendi

The Claimant repudiated two binding contracts with Dezigner Living Limited by failing to pay agreed instalments and wrongly accepting DZL's conduct as repudiatory. DZL is not entitled to recover the unpaid instalments due to total failure of consideration but may claim damages for loss of profit, subject to further evidence.

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 and damages adjourned for later consideration.
  • Defendants to provide further evidence on loss of profit.