DISPUTE RESOLUTION (SKILLS)

Unit Workshop 4
Task 1 – Sample Particulars of Claim (breach of contract)

IN THE HIGH COURT OF JUSTICE Claim No. HQ 18 8097

QUEEN’S BENCH DIVISION
LEEDS DISTRICT REGISTRY

BETWEEN

Clarke & Sons Limited

Claimant

- and -

DMS (Printers & Bookbinders) Limited

Defendant

___________________________

PARTICULARS OF CLAIM
___________________________

1. At all material times the Claimant was a company publishing and

distributing high quality books and the Defendant was a company of
printers and bookbinders.

2. By a written contract (“the Contract”) dated 2 February xx18 between

the Claimant and the Defendant, the Defendant agreed to provide
printing, binding and delivery services to the Claimant in respect of a
biography entitled ‘A Striker’s Dream’ (“the Biography”). The
Contract price was £325,000 including VAT. A copy of the Contract
is attached to these Particulars of Claim.

3. By clause 2 of the Contract the Defendant agreed to print and bind for
the Claimant 500,000 laminated hardback copies of the Biography
(“the Finished Books”).

4. By clause 4 of the Contract the Defendant agreed to deliver the

Finished Books to the Claimant on or before 26 May xx18. The
Defendant knew that the Claimant intended to market the Biography
for sale to coincide with the airing of a television show called
‘Shooting Star’, featuring the same person as the Biography. By
clause 5(b) of the Contract the Defendant knew that the television
show was due to be broadcast in July xx18.

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 5. The Defendant printed and bound the Finished Books in the course of
its business. Accordingly the Contract contained implied terms that
the Defendant:

5.1. Would carry out the services of printing and binding the
Finished Books with reasonable care and skill.

5.2. Would produce Finished Books of satisfactory quality.

6. In purported performance of the Contract the Defendant delivered the

Finished Books to the Claimant’s storage facility on 26 May xx18.
On that date the Claimant then paid £125,000 to the Defendant
pursuant to clause 5(a) of the Contract.

7. In breach of the implied terms of the Contract the Defendant did not
carry out the services of printing and binding the Finished Books with
reasonable care and skill and did not produce Finished Books of
satisfactory quality.
Particulars of breach

7.1. As to reasonable care and skill, the binding agent used by the
Defendant to laminate the Finished Books was only 45% of its
proper strength.
7.2. Additionally or in the alternative as to reasonable care and skill,
the binding agent used by the Defendant in laminating the
Finished Books was stored by the Defendant before its use at a
temperature or temperatures below 5 degrees Celsius or above
30 degrees Celsius, causing it to have only 45% of its proper
strength.

7.3. Additionally or in the alternative as to reasonable care and skill,

the binding agent used by the Defendant in laminating the
Finished Books was applied at a temperature above 20
degrees Celsius, causing it to have only 45% of its proper
strength.

7.4. As to satisfactory quality, the laminate covering the Finished

Books was wrinkled and in some places detaching from the
hard cover.
8. The Defendant’s breaches of the Contract had the following
consequences:

8.1 The Defendant’s failure to exercise reasonable care and skill in

relation to the binding agent used to laminate the Finished
Books caused the laminate covering of the Finished Books to
wrinkle and in some places detach from the hard cover, which
rendered the Finished Books unsaleable.

8.2 The Finished Books’ lack of satisfactory quality similarly

rendered them unsaleable.
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 8.3 Because the Finished Books were unsaleable they had to be
withdrawn from sale. The Claimant had to engage another
printer to produce another 500,000 copies of the Biography at a
total cost of £375,000 including VAT.

8.4 The delay in publication of the Biography caused by the

withdrawal from sale of the Finished Books and the need for
additional printing meant that publication of the Biography did
not as intended coincide with the airing of the television show
‘Shooting Star’, thereby causing loss of profit to the Claimant.

9. By reason of the Defendant’s breaches of the Contract the Claimant

has suffered damage and loss.
Particulars of damage and loss

9.1. Additional cost of printing saleable copies of the

Biography (in excess of the Contract price): £175,000

9.2. Loss of profit on expected sales of the Finished

Books: £542,275
10. The Claimant claims interest on damages awarded under s.35A of the
Senior Courts Act 1981 at such rates and for such periods as the
Court sees fit.

AND THE CLAIMANT CLAIMS

1. Damages under paragraph 9 above.

2. Interest under paragraph 10 above.

Dated: ULaws
LLP

STATEMENT OF TRUTH

The Claimant believes that the facts stated in these Particulars of Claim
are true. The Claimant understands that proceedings for contempt of
court may be brought against anyone who makes, or causes to be made,
a false statement in a document verified by a statement of truth without an
honest belief in its truth. I am duly authorised by the Claimant to sign this
statement.

Signed:
Alison Branning
Director of Contracts for the Claimant

Dated:

The Claimant’s solicitors are ULaws LLP of 2 Bishops’ Row, Leeds LS4
9HQ (ref: 3348.2000/JM/AT) where they will accept service of proceedings
on behalf of the Claimant.

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 To the Court and the Defendant.

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