Remoteness of damages
Brewer, G.
Remoteness of damages - 2004 - Contract Journal 423(6471) 15 April 2004, 30(1) .
Discusses "Earls Terrace Properties Ltd v Nilsson Design Ltd and another" ([2004] EWHC 136 (TCC), [2004] All ER (D) 361), where the claimant (E) had engaged defendant (N) as the architect for refurbishment works to dwelling houses. When completion was delayed E brought proceedings to recover damages, contending the delay had led to the works financing arrangements being extended for 15 months. The time delay meant funds were unnecessarily tied up and unusable. Conversely, the property selling price had increased. It was held that the rise in the sale price did not need to be taken into account in assessing E's recoverable damages. Concludes that movements in the property market are too remote to be considered and should not be taken into account in assessing damages arising from completion delays.
EARLS TERRACE PROPERTIES LTD V NILSSON DESIGN LTD AND ANOTHER
DAMAGES
DELAY
COMPLETION
Remoteness of damages - 2004 - Contract Journal 423(6471) 15 April 2004, 30(1) .
Discusses "Earls Terrace Properties Ltd v Nilsson Design Ltd and another" ([2004] EWHC 136 (TCC), [2004] All ER (D) 361), where the claimant (E) had engaged defendant (N) as the architect for refurbishment works to dwelling houses. When completion was delayed E brought proceedings to recover damages, contending the delay had led to the works financing arrangements being extended for 15 months. The time delay meant funds were unnecessarily tied up and unusable. Conversely, the property selling price had increased. It was held that the rise in the sale price did not need to be taken into account in assessing E's recoverable damages. Concludes that movements in the property market are too remote to be considered and should not be taken into account in assessing damages arising from completion delays.
EARLS TERRACE PROPERTIES LTD V NILSSON DESIGN LTD AND ANOTHER
DAMAGES
DELAY
COMPLETION