Gas company admits error, but argues on point of law
Thursday 10th December 2009, 11:30AM GMT.
Michael and Joan Milford about to enter court yesterday for their action against Guernsey Gas. (Picture by John O’Neill, 0885665)
GUERNSEY GAS conceded in the Petty Debts Court yesterday it had wrongly installed a cooker which put an OAP couple in danger for seven years.
But the case is continuing today due to confusion over a point of law.
Michael Milford, 71, and his wife Joan, 61, are seeking £2,331 in damages after the company incorrectly installed the cooker in 2002. He said that this amounted to a breach of contract.
The case was adjourned until this morning because of doubt over a point of law.
The law states that a person can claim breach of contract only within six years of the event. There are several exceptions that allow someone to claim after that time – one of which is misrepresentation.
Advocate Abby Lund, representing the company, asked for the adjournment to determine whether the law intended that an act of misrepresentation had to be deliberate. Judgement is expected today.
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Since Guernsey Gas have conceded the error, although they could argue on a point of law, perhaps a gesture of goodwill would be wiser on this occasion than fighting over a technicality?
It may well cost them less in the future.
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What was the final outcome of this,did guernsey gas decide to pay ,their legal bill must have been higher than the amount Mr and Mrs Michael Milford requested
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