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

[2016] BLR 213

COURT OF APPEAL(CIVIL DIVISION)

Before Lord Justice LAWS,Lord Justice Floyd,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.