IN THE CENTRAL LONDON COUNTY COURT Claim No CL10/12404

BETWEEN

AVANT-GRADE SCHOOL OF
MUSIC LIMITED Claimants

And

WORLD ACADEMY OF DRAMATIC

ART LIMITED Defendants

_____________________________________

DEFENCE
______________________________________

1. Paragraph 1 of the Particulars of Claim is admitted.

2. Paragraph 2 of the Particulars of Claim is admitted except that on or about 5 th May 2010 date of the
agreement.

(a) It is admitted that the Claimant’s could provide 20 of its students to play as an orchestra for a
musical production to be mounted by the Defendant’s students from 28th June to 3rd July 2010 set out
paragraph 2 (1) of the particulars of Claim is admitted.
(b) It is denied that the Defendant’s agreed to pay £2400 to the Claimant’s as indicated paragraph 2(2)
of the Particulars of the Claim. The Defendants agreed to pay each student in the orchestra £120 at
the end of the run.
(c) It is denied that the defendant’s allowed the Claimant’s to use the theatre free of charge on 11th and
12th July 2010. On or about 8th July 2010 the Defendant’s allowed the Claimant’s could use Ibsen
Theatre on reduce hire charge.

3. It was express terms of the agreement that by a letter on 7th May 2010 from Defendant’s to the
Claimant’s a letter dated 18th May 2010 from the Claimant’s to the Defendant’s, and a further letter
from the Defendant’s to the Claimant’s dated 5th June 2010.

4. It was an implied terms of the agreement that the orchestra would be capable to produce standard
quality music.

5. It is denied that the Claimant’s duly provided an orchestra, which attended rehearsals for the
production on 14th, 16th, 19th, 24th, 25th, 26th and 27th June 2010 set out paragraph 3 of the particulars of
Claim. From the very beginning most of the orchestra unable to play the music properly.
6. Except that it is denied that the Defendant’s by that conduct repudiated the agreement, which
repudiation the Claimant’s had no alternative but to accept set out paragraph 4 of the Particulars of
Claim.

PARTICULARS

7. The Claimant’s have acted in breach express and implied terms of the agreement.

(a) On 14th June 2010 the full orchestra turned up but it sound was not standard. Most of the
students had obviously not even looked at the music before, and were sight-reading.
(b) On 16th June 2010 a lot of different faces appeared they were ‘depping’ for others students.
At least half of the orchestra quit unable to play the music properly.
(c)

8. In particular, it is denied that the Defendants breached or repudiated the agreement as alleged or at all.
The Defendant’s were entitled to and did terminate the agreement on the grounds set out above.

9. As to Paragraph 7 of the Particulars of Claim:

(a) The Claimant’s are required to prove the alleged loss and damage and the amount of it.
(b) In the event that the Defendant’s are found to have breached or repudiated the agreement, the
Claimant’s will be required to prove that this was the cause of any loss or damage suffered by
them.

10. Further or alternatively. The Claimant’s failed to take reasonable steps to mitigate any loss they may
have suffered, by

(a) To pay orchestra payment

(b) To accept reduce hire charge of the Hall dated 8th July 2010.

A BARRISTER

STATEMENT OF TRUTH

Dated etc