Jonathan Earle v Sotos Charalambous
Jonathan Earle v Sotos Charalambous
- 2006
[2006] EWCA Civ 1090, 28 July 2006. Considers the correct starting point for the assessment of the appropriate award of damages for a breach of a repairing covenant contained in a lease for a residential property. Appeal by C against the assessment of damages for an admitted breach of the repairing covenant in the lease held by E. The issue arose regarding the normal measure of damages in assessing such a breach: whether the distress, discomfort and inconvenience suffered by E, assessed under the head difference of value, should be assessed in line with past awards for non-pecuniary loss or was actually dependant on the premises' market rent. "Held": appeal allowed in part. Distress and inconvenience caused by disrepair were not freestanding heads of claim but were symptomatic of interference with E's enjoyment of his leased property. If C's breach of covenant had deprived E of the enjoyment of his asset for a considerable period, the notional judgment of the resulting reduction in rental value was probably the most appropriate starting point for assessing damages.
EARLE V CHARALAMBOUS
CALABAR PROPERTIES LTD V STICHER
NIAZI SERVICES LTD V VAN DER LOO
WALLACE V MANCHESTER CITY COUNCIL
England and Wales--1543-
[2006] EWCA Civ 1090, 28 July 2006. Considers the correct starting point for the assessment of the appropriate award of damages for a breach of a repairing covenant contained in a lease for a residential property. Appeal by C against the assessment of damages for an admitted breach of the repairing covenant in the lease held by E. The issue arose regarding the normal measure of damages in assessing such a breach: whether the distress, discomfort and inconvenience suffered by E, assessed under the head difference of value, should be assessed in line with past awards for non-pecuniary loss or was actually dependant on the premises' market rent. "Held": appeal allowed in part. Distress and inconvenience caused by disrepair were not freestanding heads of claim but were symptomatic of interference with E's enjoyment of his leased property. If C's breach of covenant had deprived E of the enjoyment of his asset for a considerable period, the notional judgment of the resulting reduction in rental value was probably the most appropriate starting point for assessing damages.
EARLE V CHARALAMBOUS
CALABAR PROPERTIES LTD V STICHER
NIAZI SERVICES LTD V VAN DER LOO
WALLACE V MANCHESTER CITY COUNCIL
England and Wales--1543-