QUEEN'S BENCH DIVISION
BIRMINGHAM DISTRICT REGISTRY
B e f o r e :
|BENTLEY DESIGNS (UK) LIMITED|
Andrew McGee (Counsel) instructed by EAD solicitors LLP of Liverpool on behalf of the Claimant;
Michael Duggan (Counsel) instructed by Matthew Arnold & Baldwin of Watford on behalf of Defendant.
Crown Copyright ©
a. The conduct of the Claimant amounted to a fundamental breach of contract. It was a breach of trust and confidence, such that Mr Lalani could not be expected to tolerate such conduct and was entitled to terminate the Agreement with immediate effect.
b. The breach was incapable of remedy. Even if it was, the Claimant did not remedy the breach by a letter dated 18th September 2008 that he sent which purported to be an apology but which was in reality a letter of mere regret, excuse and endorsement for the Claimant's conduct.
"I see you have taken the money out of my account which I have asked you and told you not to do.
I just can't believe you. You are at your happiest when you are always causing grief for people and just try to sort of upset people, people that support you, and I just think you are a horrible, despicable little man. I really do. I just think you are absolutely gutless. You have just taken £195 from me which covers the hotel, fair enough, and £100 twice plus the VAT. You just seem more intent on sort of…as opposed to getting the business, the nitty gritty part, you seem more intent on causing trouble to people. I think you are an absolute shit, I really do. You are a despicable, horrible little excuse for a human being.
It was a pity that you were not available to speak to."
"I write further to our discussion on Monday regarding the continuing frustrations I am feeling as a result of various isolated charges for not restricting communications with your company to EMAIL only.
Whilst I feel that in the cold light of day my allowing the pent up frustration to boil over when speaking to Rif on the telephone was not to well demonstrated business professionalism shown through our dealings and is regretted.
I do feel however that there was a fair degree of justification in my actions when looking at the circumstances from my perspective.
for the above reasons when I did speak to him almost immediately after, I felt so incensed that I felt it necessary to explain my frustrations and annoyance.
After having received your assurances last Friday that you were not seeking to terminate my contract, I believe we still need to look at how we operate in the future…".
Evidence & findings
HH Judge Simon Brown QC 2nd June 2010