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Baxter wins repainting saga
Page 8
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Sally Nash reports on a subcontractor who has won money from Rugby Cement after a refurbishment bathe: Rugby says it won't set a precedent.
CARL BAXTER, a former Rugby Cement subcontractor, has received a cheque for more than £4.500 from the company for breach of contract after it backed down from appealing against a court decision that had gone in Baxter's favour (CM23 September).
York County Court made the award last month but Baxter had to wait because Rugby Cement had applied for a 'stay of execution' pending an appeal. The company has now decided not to appeal for "commercial reasons".
Baxter had provided the court with evidence that the Rugby Cement-owned trailer was not resprayed when TNT took over the contract, despite the fact that he and other owner-drivers had already paid for refurbishment. The court awarded him £3,260, plus £1,291 in interest. Baxter is one of at least 70 former Independent Contract Hauliers who want to claw back the money they paid to have their trailers repainted after their contracts ended at the end of 2000.A co-ordinator for the group of drivers is hoping to lodge the claims soon.
However, CM has seen a copy of a letter in which Rugby Cement Group solicitor Jason Smalley warns that the county court judgment only relates to the facts of Baxtor's case and "cannot therefore be relied upon by any other claimant who may have similar circumstances". Smalley warns that further claims will be "seriously defended".
One former Rugby Cement owner-driver says: "I've spoken to quite a few drivers who want to pursue claims — not just for the money but for the way we've been treated." This subbie and his wife say they are owed nearly £9,000 between them.