Dean was instructed in a claim against a national glazing company in a dispute over the construction of an orangery.
Prior to engaging the glazing company, Dean’s clients had obtained planning permission for an extension to their property, which incorporated an orangery. When the glazing company provided a design which did not accord with the planning permission that had been granted, it was agreed that the company would seek a variation of the permission to enable the orangery to be built as per its design. That application, however, was refused by the council so the clients sought to vary the agreement with the glazing company to enable compliance with the existing planning permission.
The glazing company considered the request to vary the terms as a request to cancel the agreement and issued proceedings, claiming one third of the total contract price despite no building work having commenced. Dean’s clients defended the claim and counterclaimed for the return of the deposit they had paid.
The matter proceeded to a fully contested trial, following which the claim was dismissed and the counterclaim granted such that the glazing company was ordered to return the deposit to Dean’s clients.