Stelio Stefanou v A Culmer Fixing Service Limited [2018] EWHC 2208 (TCC)

Martin Bowdery QC successfully represented the Claimant seeking damages in the region of £1 million for breach of contract and/or duty on the part of the contractor in respect of defects in the design and installation of a glass roof/entertainment space over the atrium between two conjoined properties in Mayfair.

The Claimant made an application against the Defendant Culmer Fixing Service Limited, trading as Culmax, for an order to:

• amend the particulars of claim to increase the quantum claimed in respect of two items – damage and VAT; and
• strike out the defendant’s defence and/or for summary judgment in respect of the whole claim.

In March 2018, Culmax had filed a case management conference sheet in which it indicated that it would not be calling any factual witnesses or any expert evidence.   At the CMC, a trial date of November 2018 was fixed. Subsequently, Culmax failed to disclosure any documents or serve any factual witness evidence.  On 11 June 2018, Culmax entered into creditor’s voluntary liquidation. It was the Claimant’s case that Culmax had effectively renounced any intention of participating in proceedings.

Mrs Justice O’Farrell acceded to the claimant’s application, both to strike out the defence and to enter summary judgment in the total sum of £1,177,690.40 plus costs.

Martin Bowdery QC was instructed by Corbett & Co on behalf of the Claimant leading Nicholas Maciolek.

To view the judgment on Lawtel click here (subscription needed).

30 July 2018