ONUS OF PROVING SUBSTANTIAL PERFORMANCE ON THE CLAIMANT

Close Invoice Finance Ltd v Belmont Bleaching and Dyeing Co Ltd [2003] All ER (D) 304 (Apr)

In Close Invoice Finance Ltd v Belmont Bleaching and Dyeing Co Ltd [2003] All ER (D) 304 (Apr) Judge Bowsher QC held that the onus of proof was upon a party claiming that it had substantially performed its obligations under the contract to prove that it had done so. On the facts of the case, the claimants failed to prove either that they had completed performance of the relevant stage of the contract or that they had substantially performed their obligations under that stage. This being the case, the claimants were held not to be entitled to payment in respect of work done pursuant to that stage of the contract.