Loss of windfall
Loss of windfall
- 1996
- Times 5 April 1996, 32(1) .
"Kennedy v K B Van Emden & Co", "Jordan v Gershon Young Finer Green(a firm)", "Burdge and another v Jacobs and others", CA 27 March 1996. A purchaser of property who paid an illegal premium was entitled to be compensated for amount of loss suffered at the date of trial, not at date of solicitor`s breach of duty. The diminution in value rule had no application to assessment of damages, which was not to include compensation for the loss of a windfall to the purchaser. Appeal dismissed in all three cases.
COMPENSATION
DIMINUTION IN VALUE
HOUSING ACT 1988
ILLEGAL PREMIUM
NEGLIGENCE
RENT ACT 1977
SOLICITOR
"Kennedy v K B Van Emden & Co", "Jordan v Gershon Young Finer Green(a firm)", "Burdge and another v Jacobs and others", CA 27 March 1996. A purchaser of property who paid an illegal premium was entitled to be compensated for amount of loss suffered at the date of trial, not at date of solicitor`s breach of duty. The diminution in value rule had no application to assessment of damages, which was not to include compensation for the loss of a windfall to the purchaser. Appeal dismissed in all three cases.
COMPENSATION
DIMINUTION IN VALUE
HOUSING ACT 1988
ILLEGAL PREMIUM
NEGLIGENCE
RENT ACT 1977
SOLICITOR