McBride v McGuigan & Anor [2024] NIMaster 20 (18 September 2024)

McBride v McGuigan & Anor [2024] NIMaster 20 (18 September 2024)

The plaintiff failed to discharge the burden of proof to show, on the balance of probabilities, that he was owed more than the sums already paid, due to unreliable and unsupported evidence; only the amount conceded by the defendants (£3,911.56) was awarded.

Citation
[2024] NIMaster 20
Parties
Plaintiff: Anthony McBride; Defendant: John McGuigan; Defendant: Gemma Webb
Jurisdiction
Northern Ireland
Judgment Date
18 September 2024
Procedural Posture
Civil Breach of Contract (construction) / Assessment of Damages Following Default Judgment
Outcome
Damages awarded to plaintiff in the sum of £3,911.56; plaintiff ordered to pay defendants' costs of the application.
Legal Topics
Quantum Meruit, Assessment of Damages, Expert Evidence, Costs, Burden of Proof
Contract Law Civil Procedure Quantum Meruit Assessment of Damages Expert Evidence Costs Burden of Proof

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Parties

Anthony McBride

Plaintiff

John McGuigan

Defendant

Gemma Webb

Defendant

Procedural Posture

Civil Breach of Contract (construction) / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 Whether the plaintiff proved entitlement to further payment for building works beyond sums already paid
  2. 2 Whether the expert evidence supported the plaintiff's claim for additional sums
  3. 3 Appropriate quantum of damages on a quantum meruit basis

Ratio Decidendi

The plaintiff failed to discharge the burden of proof to show, on the balance of probabilities, that he was owed more than the sums already paid, due to unreliable and unsupported evidence; only the amount conceded by the defendants (£3,911.56) was awarded.

Court Disposition

Damages awarded to plaintiff in the sum of £3,911.56; plaintiff ordered to pay defendants' costs of the application.

Orders

  • Plaintiff awarded £3,911.56 in damages.
  • Plaintiff to pay defendants' costs of the application.