The claimant employer engaged the defendant designer to provide professional services in connection with the redevelopment of a cinema. The contract price agreed with the contractor was £450,000, but the outturn cost of the project was over £800,000. The claimant sued the defendant for various breaches of duty arising out of design, costing, letting, supervising and certifying the works. The claimant claimed, amongst other things, for the full repayment of fees paid. This was described as 'hopeless': there was no total failure of consideration. The defendant plainly did a great deal of work. Insofar as they were in breach, the breaches would be recompensed accordingly, but deprivation of fees in addition would be double recovery. However, distinguishing Hutchinson v Harris, there was no entire agreement so that the fee claim could be abated to take account of work not done.
