CJ Elvin Building Services Ltd v Noble & Anor
The Defendants were in repudiatory breach for failing to pay sums due; the Claimant was entitled to suspend work and did not repudiate the contract. The Claimant is entitled to payment for works completed, including those performed by a non-CORGI registered subcontractor, as there was no loss flowing from alleged illegality and no evidence of unlawful purpose.
- Parties
- Claimant: C J Elvin Building Services Limited; Defendant: Peter Noble; Defendant: Alexa Noble
- Jurisdiction
- England and Wales
- Judgment Date
- 03 April 2003
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for the Claimant
- Legal Topics
- Building Contract, Repudiation, Defective Works, Payment Disputes, Implied Terms, Illegality in Contract Performance
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
C J Elvin Building Services Limited
Claimant
Peter Noble
Defendant
Alexa Noble
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 What sum was due to the Claimant for works completed?
- 2 Were there defective works or incomplete works?
- 3 Did the Claimant repudiate the contract?
Ratio Decidendi
The Defendants were in repudiatory breach for failing to pay sums due; the Claimant was entitled to suspend work and did not repudiate the contract. The Claimant is entitled to payment for works completed, including those performed by a non-CORGI registered subcontractor, as there was no loss flowing from alleged illegality and no evidence of unlawful purpose.
Court Disposition
Judgment for the Claimant
Orders
- Defendants to pay Claimant £40,016.52 plus interest of £4,262.58, total £44,279.10
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment