Winch Design Limited v Carl Le Souef

Winch Design Limited v Carl Le Souef

The contracting party was Carl Le Souef, not Somnio, as expressly stated in the contract and addendum. Payment terms created accrued debts, not contingent on performance. Winch was entitled to suspend and terminate for non-payment. No rectification, estoppel, or collateral contract was established. The counterclaim failed for lack of breach and evidence of loss.

Parties
Claimant: Winch Design Limited; Defendant: Carl Le Souef; Part 20 Defendant: Somnio Superyachts Pty Limited
Jurisdiction
England and Wales
Judgment Date
23 January 2025
Procedural Posture
Commercial Claim / Final Judgment After Trial
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Contract Interpretation, Rectification, Estoppel, Payment Terms, Counterclaim, Performance of Contract
Contract Law Commercial Law Contract Interpretation Rectification Estoppel Payment Terms Counterclaim Performance of Contract

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Parties

Winch Design Limited

Claimant

Carl Le Souef

Defendant

Somnio Superyachts Pty Limited

Part 20 Defendant

Procedural Posture

Commercial Claim / Final Judgment After Trial

Legal Issues

  1. 1 Identity of contracting party
  2. 2 Proper construction of payment terms
  3. 3 Rectification of contract

Ratio Decidendi

The contracting party was Carl Le Souef, not Somnio, as expressly stated in the contract and addendum. Payment terms created accrued debts, not contingent on performance. Winch was entitled to suspend and terminate for non-payment. No rectification, estoppel, or collateral contract was established. The counterclaim failed for lack of breach and evidence of loss.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Carl Le Souef to pay Winch Design Limited £733,750.00 plus interest at 3% per annum above Base Rate pursuant to clause 5.6 of the Contract
  • Counterclaim by Carl Le Souef and Somnio Superyachts Pty Limited dismissed