McLennan Architects Ltd v Jones & Anor
2014
TECHNOLOGY AND CONSTRUCTION COURT
UK
CORAM
- MR JUSTICE AKENHEAD
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
2014
TECHNOLOGY AND CONSTRUCTION COURT
UK
CORAM
AI Generated Summary
McClennan Architects sued Mr. Jones and Ms. Robert for payment of architectural services, while defendants counterclaimed alleging breach of contract. The High Court reviewed the need for security for costs and IT expert access to defendants' devices. The judge ruled for partial IT access and ordered security for costs, stressing the importance of proportionality and fairness.
JUDGMENT
Mr Justice Akenhead:
There are two applications before the Court in these relatively low value proceedings, the first relating to provision for access for an IT expert to examine a computer and secondly an application by the Defendants, Mr Jones and his wife Ms Robert, for security for costs. The claim by the Claimant, McClennan Architects ("McLennan"), is for payment in relation to architectural and project administration services as well as for work as a contractor provided or done for the Defendants, at their home, 16 Staverton Road, Oxford ("the Property") This claim is for £235,875.54. That is disputed by the Defendants who also counterclaim for £325,544.33 in relation to breach of contract on the part of McLennan. The Defendants’ cost budget estimate is for some £316,000 whilst McLennan’s is for some £201,000. It can readily be seen that, if these cost estimates are reasonably accurate, the costs will broadly equate to what is in issue.
The Background
Mr McLennan has known the Defendants for some time, initially socially. Mr Jones, largely if not entirely, owns a company, Jeremy Jones Associates Ltd (“JJA”) which has business interests which include consultancy and political work in Oman. The Defendants engaged McLennan in 2000 or 2001 initially to provide architectural and possibly other services at 19, St Margaret's Road, Oxford; no issue arises about these services in the current proceedings. In about 2005 Mr Jones introduced Mr McLennan and his company to an Omani family the Al Bu Saids for whom McClennan did work in 2005 and 2006, possibly going into 2007. There is an issue as to whether McLennan were fully paid by the Al Bu Saids at or about that time.
In late 2010, McClennan was engaged by the Defendants to provide architectural and contract administration services in respect of the Property in relation to which the Defendants wished to carry out extensive further work. It is pleaded by McClennan that, although this engagement was partly evidenced in writing there was also oral agreement that "payment for the architectural services would be deferred for as long as the money from Oman in respect of the debt of RO85,000 continued to be paid" (Paragraph 12(c) of the Particulars of Claim). It is suggested that this related to the fact that there was owed to McLennan from one of the Mr Al Bu Saids that sum. It is asserted that it was agreed that invoices would be presented by the Claimant addressed to JJA "for work carried out in Oman