Cases - Brown v W Midlands Patio Doors Ltd

Record details

Name

Brown v W Midlands Patio Doors Ltd

Date

[1997]

Citation

[unreported Feb 20 1997]

Keywords

Damages - loss and expense claims

Summary

The claimant entered into a contract with the defendant for the installation of new UPVC windows to her house, at a lump sum price of £3,300 plus VAT. The work involved the manufacture and installation of the window units, and took three days. The work was of a very poor standard. In particular, the frames were too big. The defendant cut out part of the structure of the house by removing bricks and gable supports, without the knowledge or consent of the claimant. The house suffered severe structural damage, weakening the strength of the gable end, and leaving it to rest directly on the window frame. The claimant refused to pay for the work and issued proceedings for damages. Thereafter, over a four-year period a director of the defendant visited the claimant's house and threatened to remove the windows, demanding payment. The claimant was very intimidated.

Awarding damages to the claimant, the judge accepted that the actions of the defendant's director were intended to intimidate her and cause her to withdraw proceedings. The court awarded £11,600 for the costs of repairing damage to the house and obtaining replacement windows; £1,500 for loss of amenity and inconvenience over the two-year period; and aggravated damages of £3,000 to express the court's grave displeasure at the action of the director. The defendant's counterclaim for cost of work done was dismissed on the grounds of substantial non-performance of a lump sum contract.