Wards Solicitors secures High Court victory for Bristol business in “David v Goliath” commercial dispute

Wards Solicitors has won a major High Court victory for Bristol-based Car-Wizard Ltd following lengthy and highly contested litigation against global manufacturing giant, Vixen Surface Treatments Ltd.

Car-Wizard was awarded £86,140 in damages and, having beaten its own formal Part 36 offer to settle the dispute, 90% of its costs on an indemnity basis.

Says Car Wizard’s owner, Oliver Birrell: “I am incredibly grateful for Ward's support throughout what was a lengthy litigation with an extremely difficult and obstructive defence. Despite ongoing attempts to bring the dispute to closure amicably, the defendant was persistent in wanting to take the matter to the final hearing."

“I want to express particular thanks to Richard Darbinian, who fought exceptionally hard for me against a team of several defence lawyers, and to Jay Jagasia, an exceptionally talented barrister. Both of whom always had my best interests at heart, with an immense determination to bring me justice.”

What was this bitterly contested dispute about?

Car-Wizard purchased a lathe from Vixen which had been represented as new and suitable for its wheel-repair business. Car-Wizard alleged that the machine had previously been used and did not perform as represented.

The dispute ultimately proceeded to trial, where Car-Wizard succeeded in its claims for breach of contract and negligent misrepresentation.

Judge Paul Matthews found that Vixen and its legal team bore “the main responsibility for the lack of cooperation” throughout the dispute.

The case involved serious issues concerning Vixen’s disclosure and litigation conduct. The Court heard that relevant records had been destroyed by Vixen after the dispute arose and that Vixen’s engineering expert changed his opinion on the safety aspect of his report after someone in the Defendant’s legal team during the trial suggested he did so.

Commenting on Vixen’s handling of the dispute, Judge Matthews said: “Frankly this is not the kind of conduct which I expect to see in conducting litigation in 2026.”

He also observed that the hostility displayed by Vixen’s legal representatives in correspondence reminded him of “going back in time to when I first started in practice in the 1980s”.

How did Wards Solicitors help win this litigation battle?

Car-Wizard’s victory is a significant one. Given the fact that Wards Solicitors became heavily involved in this matter from the beginning of 2021, the interest on costs and the costs themselves are substantial.

The Court awarded costs on the indemnity basis, interest on those costs, the additional sum for Car Wizard beating its own part 36 Offer and interest on the damages figure from 1 June 2021.

Richard Darbinian, Associate Solicitor in Wards Solicitors’ Commercial Disputes Team, had conduct of the case for Car-Wizard.

He says: “I am extremely proud of the result achieved for Car-Wizard. The Defendant was represented by a substantially larger legal team, together with leading counsel and experts, but the disparity in resources did not prevent us from pursuing our client’s case through complex and heavily contested litigation to a successful conclusion. I am particularly grateful to Mr Birrell for his patience and trust throughout the proceedings and to Jay Jagasia for his excellent advocacy and support.”

Get in touch with our Commercial disputes team

This case demonstrates that a significant disparity in resources need not prevent a smaller business from successfully pursuing a well-founded commercial claim against any business that might be larger in size.

If your business is involved in any contractual or commercial dispute, Wards Solicitors’ Richard Darbinian can provide practical and strategic advice from the outset through to trial if necessary.

Wards Solicitors wins high praise in the 2026 edition of the independent Legal 500 guide of outstanding legal professionals for its exceptional professional service standards and high levels of technical expertise.

For further information or advice, please contact Richard Darbinian or any member of our  Commercial Disputes Team.