Don't exaggerate

Ross, Jonathan

Don't exaggerate - 2008 - Property Week 73(36) 5 September 2008, 72(1) .

The case shows that the courts will penalise claimants who make exaggerated claims. Summarises the case of Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2008] EWCH 2003 (TCC), 31 July 2008 (see L145543). A landlord who recovered a small part of the damages claimed for dilapidations at the end of a lease had to pay the costs of the proceedings on an indemnity basis. The court found the claim made bore no relation to the true position and that the landlord had wrongly or recklessly pursued an unsustainable claim.


BUSINESS ENVIRONMENT BOW V DEANWATER ESTATES
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989


England and Wales--1543-