Safeera Akram v Academy Doors and Windows Ltd
[2023] EWHC 1653 (KB)
Michael Jordan v David Thorner
18 April 2023
[2023] EWHC 840 (Ch)
High Court
A farmer sued his client for unpaid work. The judge didn't believe his records, so said he got no money. The appeal court said the farmer *did* do the work and gave him about half what he asked for because his records weren't very good. The client also lost his countersuit because he didn't prove he lost any money.
Key Facts
- •Mr. Jordan sued Mr. Thorner for unpaid farm services at Langaford Farm.
- •The services included farm management and "contracting services" (using Mr. Jordan's machinery and personnel).
- •Mr. Jordan provided handwritten sheets and invoices as records.
- •The judge found the sheets unreliable due to inconsistencies and lack of contemporaneous record-keeping.
- •The judge awarded Mr. Jordan only a small portion of his claim for labor, and nothing for contracting services.
- •Mr. Thorner counterclaimed for damages due to Mr. Jordan's failure to maintain proper paperwork for farm assurance.
- •The judge awarded Mr. Thorner £2,500 on the counterclaim.
Legal Principles
The accuracy and reliability of records are fundamental to a claim for payment.
Judge's findings, sections 23, 24, 26, 32
A party must provide credible supporting evidence for their claim, especially when primary records are deemed unreliable.
Judge's findings, sections 33, 39
The court will not interfere with a judge's factual findings unless there's an error of law or the finding is plainly wrong.
Appeal court's reasoning, section 83
For claims outside the explicit terms of a contract, but based on agreement, the party must prove service provision and agreed rates.
Appeal court's reasoning, sections 64, 65
In a breach of contract claim, the claimant must demonstrate loss.
Appeal court's reasoning, section 90
Outcomes
Appeal allowed in part.
The judge erred in dismissing the entire claim for contracting services despite evidence suggesting some payment was due. The judge also incorrectly awarded damages on the counterclaim due to lack of evidence of actual loss by Mr. Thorner.
£70,000 plus VAT awarded to Mr. Jordan for contracting services.
While the judge rightly found Mr. Jordan's records unreliable, the appeal court found sufficient corroborating evidence to justify a substantial payment for the services provided, settling on half the claimed amount as a reasonable estimate given the lack of precise quantification from Mr. Jordan.
Counterclaim dismissed.
Mr. Thorner failed to demonstrate he suffered any actual financial loss from Mr. Jordan's breach of contract.
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