This is an extract of our Defence Counterclaim Contract document, which we sell as part of our Drafting Notes collection written by the top tier of City Law School students.
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IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION
Claim No: HQ17 7392
BETWEEN: DOVER STREET CATERING LIMITED Claimants
-andWORKWEAR CLOTHING LIMITED Defendants ________________________________ DEFENCE AND COUNTERCLAIM ________________________________
1. Paragraph 1 of the Particulars of Claim is admitted.
2. Paragraph 2 is admitted, save that it is denied that the Defendants agreed to provide the Uniforms in their 'livery colours'. Under the Agreement, the Claimants placed an order by sample for standard French Navy fabric ('French Navy'), a colour which featured in the Defendants' standard colour palette. The samples were provided by the Defendants on or about 1 June 2016.
3. The price under the Agreement, evidenced by a letter dated 20 July 2016, was PS67,680, inclusive of VAT, comprising: 600 x Caps, total PS3,360 800 x Dresses, total PS48,000 600 x Pinafores, total PS2,880 2,000 x Logos, total PS2,880
4. Paragraph 3 of the Particulars of Claim is admitted subject to paragraph 2 above.
5. The requirements set out at Paragraph 4 subsections (i) to (iii) of the Particulars of Claim are admitted. Otherwise Paragraph 4 is denied. The Claimants' requirements were agreed and adjusted over multiple discussions held between April 2016 and 14 July 2016, between the said agents but also Ms Sophie MacLennon, a Design Assistant employed by the Defendants. In particular, requirements were set out at a meeting on a date unknown in April 2016, by the said letter dated 4 May 2015 and by a telephone conversation on 23 May 2016.
6. The Claimants' requirements were qualified by the express terms of the Agreement that: 1
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