Nigel Witham Ltd v Smith & Anor

Nigel Witham Ltd v Smith & Anor

The claimant wrongfully repudiated the contract by unilaterally stopping work and seeking to impose new payment terms for services already paid under the percentage fee arrangement. The defendants accepted the repudiation, terminating the contract. The claimant is entitled only to fees earned up to termination, calculated by reference to the most recent budget estimate, and to reasonable variation claims, but not to fees for suspension or legal costs under the contract.

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 After Trial
Outcome
Judgment for the Defendants
Legal Topics
Termination of Contract, Repudiation, Calculation of Fees, Variation Claims, Listed Building Regulations, Interest and Administration Fees
Contract Law Professional Negligence Termination of Contract Repudiation Calculation of Fees Variation Claims Listed Building Regulations Interest and Administration Fees

Case Brief

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Parties

Nigel Witham Limited

Claimant

Mr Robert Leslie Smith

Defendant

Miss Jacqueline Isaacs

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimant wrongfully repudiated the contract
  2. 2 How the claimant's percentage fee entitlement should be calculated
  3. 3 Entitlement to additional fees for variations

Ratio Decidendi

The claimant wrongfully repudiated the contract by unilaterally stopping work and seeking to impose new payment terms for services already paid under the percentage fee arrangement. The defendants accepted the repudiation, terminating the contract. The claimant is entitled only to fees earned up to termination, calculated by reference to the most recent budget estimate, and to reasonable variation claims, but not to fees for suspension or legal costs under the contract.

Court Disposition

Judgment for the Defendants

Orders

  • Claimant's claims for unpaid fees, suspension, and legal costs dismissed except as allowed for percentage fees and variations.
  • Defendants awarded £1,320.08 against the claimant.