Mirimskaya v Evans & Anor

Mirimskaya v Evans & Anor

The Claimant entered into two binding fixed price contracts with Dezigner Living Limited for Stage 1 and Phase 1 works. The Claimant repudiated both contracts by failing to pay the second instalments and by wrongly accepting the Defendants' conduct as repudiatory and ejecting them from the site. The Defendants are not entitled to recover the unpaid instalments due to total failure of consideration but are entitled to claim damages for loss of profit. No contract existed with Mr. Evans personally. The quantum of damages and other issues are reserved.

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 / Judgment on Liability and Principles for Assessment of Damages; Quantum Reserved
Outcome
Claimant's claim for repayment dismissed; Defendants' counterclaim for unpaid instalments dismissed; Defendants entitled to claim damages for loss of profit; quantum and other issues reserved.
Legal Topics
Repudiatory Breach, Building Contracts, Restitution, Damages, Failure of Consideration
Contract Law Construction Law Repudiatory Breach Building Contracts Restitution Damages Failure of Consideration

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Parties

Olga Mirimskaya

Claimant

George Evans

First Defendant

Dezigner Living Limited

Second Defendant

Procedural Posture

Civil / Judgment on Liability and Principles for Assessment of Damages; Quantum Reserved

Legal Issues

  1. 1 Whether binding contracts existed between the parties for building works
  2. 2 With whom the contracts were made and their terms
  3. 3 Whether either party was in breach or repudiated the contracts

Ratio Decidendi

The Claimant entered into two binding fixed price contracts with Dezigner Living Limited for Stage 1 and Phase 1 works. The Claimant repudiated both contracts by failing to pay the second instalments and by wrongly accepting the Defendants' conduct as repudiatory and ejecting them from the site. The Defendants are not entitled to recover the unpaid instalments due to total failure of consideration but are entitled to claim damages for loss of profit. No contract existed with Mr. Evans personally. The quantum of damages and other issues are reserved.

Court Disposition

Claimant's claim for repayment dismissed; Defendants' counterclaim for unpaid instalments dismissed; Defendants entitled to claim damages for loss of profit; quantum and other issues reserved.

Orders

  • Claimant found to have repudiated contracts with Dezigner Living Limited.
  • Defendants not entitled to recover unpaid instalments due to total failure of consideration.