Nigel Witham Ltd v Smith & Anor [2007] EWHC 3027 (TCC) (19 December 2007)

Nigel Witham Ltd v Smith & Anor [2007] EWHC 3027 (TCC) (19 December 2007)

The claimant was responsible for wrongful repudiation of the second agreement and cannot recover fees for work arising from its own default. Claims for additional fees under supplemental agreement and suspension fail due to prior compensation and waiver. Defendants' counterclaim for abortive work due to negligence is partially upheld.

Citation
[2007] EWHC 3027 (TCC)
Parties
Claimant: Nigel Witham Limited; Defendant: Mr Robert Leslie Smith; Defendant: Miss Jacqueline Isaacs
Jurisdiction
England and Wales
Judgment Date
19 December 2007
Procedural Posture
Civil / Final Judgment
Outcome
Claimant's claims for supplemental and suspension fees dismissed; counterclaim partially allowed.
Legal Topics
Termination of Contract, Fee Disputes, Negligence in Professional Services, Suspension of Work, Counterclaims, Project Management Agreements
Contract Law Professional Negligence Termination of Contract Fee Disputes Negligence in Professional Services Suspension of Work Counterclaims Project Management Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Nigel Witham Limited

Claimant

Mr Robert Leslie Smith

Defendant

Miss Jacqueline Isaacs

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to unpaid fees under various agreements
  2. 2 Whether the claimant was negligent in failing to ascertain listed status of buildings
  3. 3 Whether the claimant is entitled to additional fees for suspension and variations

Ratio Decidendi

The claimant was responsible for wrongful repudiation of the second agreement and cannot recover fees for work arising from its own default. Claims for additional fees under supplemental agreement and suspension fail due to prior compensation and waiver. Defendants' counterclaim for abortive work due to negligence is partially upheld.

Court Disposition

Claimant's claims for supplemental and suspension fees dismissed; counterclaim partially allowed.

Orders

  • Claimant deprived of £1,000 from original fee for abortive work.
  • No further sums due under supplemental agreement.