Homsy v Murphy
Homsy v Murphy
- 1997
- Property and Compensation Reports [1997] 73 P&CR 26-47(22) .
CA 27 February 1996. Appeal allowed because High Court judge`s mistake over the date the Gulf war started undermined his conclusion as to the effect on property prices. Plaintiff`s claim for damages put forward on two bases. Firstly, had the defendant not breached his covenant, H would have purchased the ground floor premises and accepted an offer for a lease on them. Secondly, that his purchase of the freehold would have enhanced in value by more than the price he would have paid for it. "Held" plaintiff entitled to damages of £102,500.
BREACH OF COVENANT
DAMAGES
GULF WAR
HOMSY V MURPHY
OPEN MARKET VALUE
PROPERTY PRICES
RIGHT OF PRE-EMPTION
CA 27 February 1996. Appeal allowed because High Court judge`s mistake over the date the Gulf war started undermined his conclusion as to the effect on property prices. Plaintiff`s claim for damages put forward on two bases. Firstly, had the defendant not breached his covenant, H would have purchased the ground floor premises and accepted an offer for a lease on them. Secondly, that his purchase of the freehold would have enhanced in value by more than the price he would have paid for it. "Held" plaintiff entitled to damages of £102,500.
BREACH OF COVENANT
DAMAGES
GULF WAR
HOMSY V MURPHY
OPEN MARKET VALUE
PROPERTY PRICES
RIGHT OF PRE-EMPTION