Enviraz (Scotland ) LTD against Simon Vasey (Sheriff Court Civil) [2025] SCGLA 64 (18 July 2025)

Enviraz (Scotland ) LTD against Simon Vasey (Sheriff Court Civil) [2025] SCGLA 64 (18 July 2025)

The pursuer failed to perform the contracted service with reasonable care and skill, breaching both express and implied terms of the contract. The defender, as a consumer, is entitled to a price reduction under section 54(3)(b) of the Consumer Rights Act 2015. The appropriate reduction is 25% of the contract price, reflecting the value of the work not done. The defender is liable to pay the remainder of the price, having already paid part, and is not liable for late payment interest or costs under the Late Payment of Commercial Debts (Interest) Act 1998.

Citation
[2025] SCGLA 64
Parties
Pursuer: Enviraz (Scotland) Limited; Defender: Simon Vasey
Jurisdiction
Scotland
Judgment Date
18 July 2025
Procedural Posture
Civil (payment Action) / Judgment After Proof
Outcome
Decree granted for payment in the restricted sum of £4,100; all other craves and pleas-in-law dismissed or repelled as specified.
Legal Topics
Breach of Contract, Implied Terms, Consumer Rights, Price Reduction, Standard of Care in Services
Contract Law Consumer Law Breach of Contract Implied Terms Consumer Rights Price Reduction Standard of Care in Services

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Parties

Enviraz (Scotland) Limited

Pursuer

Simon Vasey

Defender

Procedural Posture

Civil (payment Action) / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer performed the contracted service with reasonable care and skill
  2. 2 Whether the defender is entitled to a price reduction under the Consumer Rights Act 2015
  3. 3 Whether the contract was a consumer or commercial contract

Ratio Decidendi

The pursuer failed to perform the contracted service with reasonable care and skill, breaching both express and implied terms of the contract. The defender, as a consumer, is entitled to a price reduction under section 54(3)(b) of the Consumer Rights Act 2015. The appropriate reduction is 25% of the contract price, reflecting the value of the work not done. The defender is liable to pay the remainder of the price, having already paid part, and is not liable for late payment interest or costs under the Late Payment of Commercial Debts (Interest) Act 1998.

Court Disposition

Decree granted for payment in the restricted sum of £4,100; all other craves and pleas-in-law dismissed or repelled as specified.

Orders

  • Decree for payment of £4,100 by the defender to the pursuer
  • All other craves for the pursuer dismissed