The Project - Defence of payment claim
WHN Solicitors was instructed to defend a claim brought by a manufacturing supplier which related to orders placed by Custom Shop Designs for the manufacture of swivel plates used in the conversion of vehicles to camper vans.
What WHN Delivered
| The WHN team, led by Sara Beaumont, defended the claim which arose in relation to monies allegedly due to the supplier, in addition to which the supplier invoiced Custom Shop Designs for all components held in stock. Custom Shop Designs disputed that there were any monies due to the supplier and that its account was paid up to date.
The supplier alleged that payments made by Custom Shop Designs were not in satisfaction of invoices raised but related to a ‘private arrangement’ between the individual directors of the two companies. This was denied by Custom Shop Designs and it also denied that there was any agreement in place that the supplier would hold minimum quantities of components in stock for Custom Shop Designs. Default judgment had been obtained prior to WHN being instructed. WHN successfully applied to set aside the judgment, a critical first step for the client. The supplier was not represented at this time. It thereafter instructed its own law firm and it was agreed that the supplier ’s law firm would amend the claim (as it had not been properly pleaded), and that WHN would prepare an amended defence, a strategic approach taken by Sara to ensure she could defend her client as robustly and efficiently as possible within appropriate legal process. The WHN team then dealt with directions, including disclosure of documents, preparation of witness statements and prepared the claim for trial as well as entering into settlement discussions with the opposition. On the first day of the trial, Sara was able to agree a commercial settlement, avoiding the time and cost of continuing with the trial and giving the client the most commercially beneficial outcome in the dispute. |
About the client
Custom Shop Designs (CSD) designs, manufactures and supplies a range of campervan and motorhome conversion products to commercial and private customers. It was established in 2001 and all its products are designed, manufactured and assembled in-house by its own bespoke design team and experienced CNC machinists. It has a worldwide distribution network and also supplies a wide range of online retailers and conversion companies across the UK and Europe.
