Car-Wizard Ltd v Vixen Surface Treatments Limited

Facts

Car-Wizard Limited, a small vehicle repair business, sued Vixen Surface Treatments Limited, a supplier of commercial lathes, in the Circuit Commercial Court in Bristol. The claim was issued in December 2023 and tried by HHJ Paul Matthews, sitting as a Judge of the High Court, in October and November 2025. The draft judgment circulated to the parties dealt with both liability and quantum, but following representations from the defendant after circulation, the judgment handed down on 26 March 2026 ([2026] EWHC 685 (Ch)) determined liability only, the assessment of damages being adjourned for further written submissions. The claimant succeeded on its allegations that the lathe supplied was not new, contrary to representations made, and that it was unable to cut tapered edges; the judge did not decide any claim in deceit. Cross-examination at trial had revealed that relevant records had been destroyed by the defendant after the dispute arose, unmentioned in the disclosure reports, and that the defendant's engineering expert had revised his opinion after a suggestion from someone in the defendant's legal team. On 13 April 2026 the claimant applied to revise its costs budget. Damages of £86,140 were awarded by judgment handed down on 3 July 2026 ([2026] EWHC 1682 (Ch)), against a pleaded loss of about £356,000. This ruling on paper determines the budget application and consequential matters.