Valilas V. Januzaj Case Study

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Case name and citation: Valilas v. Januzaj [2014] EWCA Civ 436 Court and judges: Court of Appeal (Civil Division): Lady Justice Arden, Lord Justice Floyd and Lord Justice Underhill. Parties: Appellant: Valdet Januzaj. Respondent: Ioannis Valilas Material facts: Mr. januzaj is the defendant in this case who is the principal of a dental practice and Mr. Valilas is the claimant who practiced there under an oral agreement to use the equipment , premises and support staff of the dental practice and would pay in turn 50% of his receipts to the defendant each month (para3). The majority of the claimant’s earnings were generated from the Primary Care Trust (PCT) with whom he had contracted to carry out a specified number of Units of Dental Activity (UDAs) for NHS patients over a year (para4). Payment was made by PCT in advance in equal monthly installment and in case of failure to perform the indispensable number of units; claimant would be obliged to refund the overpayment to PCT (para5). After 3 years of prosperous bearing, the relationship between the parties deteriorated in early 2010 and a series of notices and letters were exchanged between them putting forward proposal to resolve disputes but no agreement was reached (para7). Finally claimant informed the defendant the he would stop making his monthly payments, giving a valid reason that since he was running behind on his UDAs and there were chances he might have to refund the overpaid receipts to PCT, he was worried

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