ALEXANDER OASTLER LTD AGAINST VALERIE WILLIAMS [2017] ScotSC 17 (27 March 2017)

ALEXANDER OASTLER LTD AGAINST VALERIE WILLIAMS [2017] ScotSC 17 (27 March 2017)

The defender contracted for the works, the pursuer carried out the works as instructed, the sums charged were reasonable, and the defender failed to establish good grounds for non-payment or abatement. The pursuer is entitled to the outstanding sum, statutory interest, and the fixed sum under the 1998 Act.

Citation
[2017] ScotSC 17
Parties
Pursuer: Alexander Oastler Ltd; Defender: Valerie Williams
Jurisdiction
Scotland
Judgment Date
27 March 2017
Procedural Posture
Commercial Contract Dispute / Judgment After Proof
Outcome
Decree granted for the pursuer for the sums claimed, with interest and fixed sum; defender found liable in expenses subject to deduction.
Legal Topics
Supply of Services, Late Payment of Commercial Debts, Authority of Agent, Reasonableness of Charges, Contractual Liability
Contract Law Commercial Law Supply of Services Late Payment of Commercial Debts Authority of Agent Reasonableness of Charges Contractual Liability

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Parties

Alexander Oastler Ltd

Pursuer

Valerie Williams

Defender

Procedural Posture

Commercial Contract Dispute / Judgment After Proof

Legal Issues

  1. 1 Whether the defender is liable to pay the sums claimed under the contract for joinery works
  2. 2 Whether the additional items charged were properly instructed and chargeable
  3. 3 Whether the pursuer is entitled to statutory interest and fixed sum under the Late Payment of Commercial Debts (Interest) Act 1998

Ratio Decidendi

The defender contracted for the works, the pursuer carried out the works as instructed, the sums charged were reasonable, and the defender failed to establish good grounds for non-payment or abatement. The pursuer is entitled to the outstanding sum, statutory interest, and the fixed sum under the 1998 Act.

Court Disposition

Decree granted for the pursuer for the sums claimed, with interest and fixed sum; defender found liable in expenses subject to deduction.

Orders

  • Payment of £6,324.94 to the pursuer with interest at 8.5% from 7 October 2015 until payment
  • Payment of £199.92 as interest for the period 31 July 2015 to 6 October 2015