IN THE NOTTINGHAM COUNTY COURT Claim No
DAPHNE MIDDLEBROOKE Claimant
FAIRING ENTERPRISES LTD Defendants
PARTICULARS OF CLAIM
- The Claimant is the organiser of St Michael’s Church fete which takes place every June in Burntwood Meadow, Higher Stickington .The Defendants at all material times carried on business among other things as a hire provider of marquees, tables and benches, and held themselves out as skilled, experienced and competent in the erection of the marquee from their offices of Downside Road, Nottingham.
- By a written agreement (“the First Agreement”) made at the Defendants’ office, Downside Road between the Claimant and the Defendants acting through Archie Jarvis on 24th January 2003 and set down in writing in a hire order dated 24th January 2003 from the Defendants to the Claimant (a copy of which is attached), the Defendants agreed in the course of their business that they would deliver to Burntwood Meadow, Daisy Lane, Higher Stickington, the same refreshments tent as in 2002, 50 tables and 20 benches, on 27th June and collect them on 30th June 2003 at a price in the region of $1,856.50 included $200 deposit and rest of the balance 30 days before delivery to be paid by cheque by the Claimant to the Defendants.
- By a further oral agreement made between the parties (“the Second Agreement”) over the telephone on 23rd May 2003, the Defendants agreed in the course of their business to undertake the erection of the marquee at the price of $240 plus VAT
- In accordance with the agreements, the Claimant paid to the Defendants on 24th May 2003 by a cheque for $2,291.00 included $240 plus VAT, being the full balance due on his hire orders.
- It was an express term of the First Agreement that the Defendants would deliver on 27th June the same refreshments tent as in 2002, 50 tables and 20 benches to Burntwood Meadow, Daisy Lane, Higher Stickington.
- It was an implied term of the Second Agreement that the Defendants would undertake the erection of the marquee with all reasonable care and skill to be expected of an experienced, skilled and competent erectionman.
- In breach of the First Agreement, and notwithstanding numerous requests to do so, and/or negligently the Defendants, their employees or agents failed to deliver the equipments on agreed date 27th June 2003 and/or failed to bring both 20 tables and 20 ordered benches and/or failed to bring the usual size marquee and/or did not carry out the work with appropriate care and skills but damaged the fete putting the tent up on the fete day at about 1.30pm and it took another half-hour to set up the refreshments, so about 2 hours of the lost of takings.
- In breach of the Second Agreement and/or negligently the Defendants, their employees or agents failed to put the tent up with reasonable care and skill and/or did not carry out the work with appropriate care and skill but caused or permitted it to become badly damaged, at about 4.30 pm the roof of the tent started to sag and shortly afterwords the whole thing fell over so more or less put an end to the serving of refreshments.
9. As a result of the matters set out above of the Claimant has suffered loss and damage.
PARTICULARS OF DAMAGE
(1) Lost about 2 hours of takings for late refreshments set up XXX.
(2) Lost profits due to the smaller marquee than the usual one XXX
(3) Lost profits due to the tent fell over XXX
(4) Lost turnovers due to lack of tables supply XXX
(5) Lost of customers for next years due to the breaches XXX
10. Further the Claimant claims interest under section 69 of the County Courts Act 1984 on the amount found to be due to the Claimant at such rate and for such period as the Court thinks fit.
AND the Claimant claims:
(2) Interest under section 69 of the County Courts Act 1984 to be assessed.
STATEMENT OF TRUTH