Todaysure Matthews Ltd & Anor v Marketing Ways Services Ltd

Todaysure Matthews Ltd & Anor v Marketing Ways Services Ltd

The claimants are entitled to payment for the balance of the contract price, expedited fabrication costs, supervision fees, and return of the performance guarantee, as the defendant failed to prove any breach or loss and acted in breach of the consent order. The defendant's counterclaim is dismissed for lack of evidence and merit.

Parties
Claimant: Todaysure Matthews Ltd.; Claimant: Matthews International Corporation; Defendant: Marketing Ways Services Ltd.
Jurisdiction
England and Wales
Judgment Date
14 June 2016
Procedural Posture
Commercial / Final Judgment
Outcome
claim allowed, counterclaim dismissed
Legal Topics
Breach of Contract, Performance Guarantee, Counterclaim, Damages
Contract Law Commercial Law Breach of Contract Performance Guarantee Counterclaim Damages

Case Brief

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Parties

Todaysure Matthews Ltd.

Claimant

Matthews International Corporation

Claimant

Marketing Ways Services Ltd.

Defendant

Procedural Posture

Commercial / Final Judgment

Legal Issues

  1. 1 Whether the claimants are entitled to payment for manufacture and supply of incinerators under the subcontract.
  2. 2 Whether the defendant was entitled to call on the performance guarantee.
  3. 3 Whether the defendant's counterclaim for breach of contract is valid.

Ratio Decidendi

The claimants are entitled to payment for the balance of the contract price, expedited fabrication costs, supervision fees, and return of the performance guarantee, as the defendant failed to prove any breach or loss and acted in breach of the consent order. The defendant's counterclaim is dismissed for lack of evidence and merit.

Court Disposition

claim allowed, counterclaim dismissed

Orders

  • Defendant to pay claimants £11,066,566.
  • Defendant to return the full amount of the performance guarantee (£8,570,000).