GARTELL & SON (A FIRM) v YEOVIL TOWN FOOTBALL & ATHLETIC CLUB LTD

[2016] BLR Plus 11

COURT OF APPEAL (CIVIL DIVISION)

Before Lord Justice Laws, Lord Justice Floyd, and Lord Justice Bean

Total failure of consideration - Determination of what contractual performance should have been - Fact that work done not precluding total failure - Breaches so serious that employer had not received contractual performance - Supply of Goods and Services Act 1982, section 13 - Reasonable care and skill - VAT not recoverable on remedial work costs if employer VAT registered - Overtime costs need to be proved