DNA PRODUCTIONS (EUROPE) LIMITED V MANOUKIAN

[2008] EWHC 943 (Ch), Chancery Division, Mr Justice Evans-Lombe, 30 April 2008

Contract – Supply of goods and services – Whether agreement on terms – Burden of proof on claimant to show terms of contract

The claimant event organisers had organised a party on behalf of the defendant and claimed the unpaid balance of its fee. The judge held that although the parties had agreed that the claimant should organise the event, they had failed to agree on the terms of the contract. The defendant thought the contract had been agreed on a “cost plus” basis while the claimant intended at all material times to supply its services under an “all-in” contract although well aware that the defendant thought that their services were being provided on a “cost plus” basis. The burden was on the claimant to show that the contract terms were those that would allow it additional recovery and it had failed to do so.