Post Office Ltd v Castleton [2007] EWHC 5 (QB) (22 January 2007)
The defendant failed to prove that the account was wrong or that the Horizon system was defective. The losses were real, not illusory, and the defendant was responsible for them under the contract. The claimant was entitled to judgment for the sum claimed and to summarily terminate the defendant's contract. The counterclaim for wrongful termination failed.
- Citation
- [2007] EWHC 5 (QB)
- Parties
- Claimant: Post Office Limited; Defendant: Lee Castleton
- Jurisdiction
- England and Wales
- Judgment Date
- 22 January 2007
- Procedural Posture
- Civil / Judgment After Trial
- Outcome
- Judgment for the claimant. Counterclaim dismissed.
- Legal Topics
- Account Stated, Burden of Proof, Computer System Reliability, Employment Termination, Restitution, Counterclaim for Wrongful Termination
Case Brief
Summary, issues, holding and outcome
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Parties
Post Office Limited
Claimant
Lee Castleton
Defendant
Procedural Posture
Civil / Judgment After Trial
Legal Issues
- 1 Whether the defendant is liable for the shortfall shown in the accounts under the Horizon system
- 2 Whether the Horizon computer system was defective and caused illusory losses
- 3 Whether the defendant is liable for National Lottery moneys
Ratio Decidendi
The defendant failed to prove that the account was wrong or that the Horizon system was defective. The losses were real, not illusory, and the defendant was responsible for them under the contract. The claimant was entitled to judgment for the sum claimed and to summarily terminate the defendant's contract. The counterclaim for wrongful termination failed.
Court Disposition
Judgment for the claimant. Counterclaim dismissed.
Orders
- Defendant to pay claimant £25,858.95
- Counterclaim for £11,250 dismissed
Full Case Text
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