Van Dal Footwear Ltd v Ryman Ltd [electronic resource]
Language: English Publication details: 2009Subject(s): Online resources: Summary: [2009] EWCA Civ 1478, 3 December 2009. Appellant landlord V sued Respondent tenant R for a breach of its repairing obligations. The judge capped the damages for breach of the repairing covenant at approximately £48 500, which was the difference between the value of the fully repaired premises and the current value of the premises. He went on to conclude that R would have offered to take a new lease from the purchaser, which would have increased the current value of the premises by approximately 7.4 per cent. V appealed against the amount of damages awarded for the breach. "Held": appeal allowed. The judge was wrong to have taken into account the likelihood that a former tenant would take a new lease. The judge had valued the wrong thing and the 7.4% increase could not stand.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 154687-2001 |
[2009] EWCA Civ 1478, 3 December 2009. Appellant landlord V sued Respondent tenant R for a breach of its repairing obligations. The judge capped the damages for breach of the repairing covenant at approximately £48 500, which was the difference between the value of the fully repaired premises and the current value of the premises. He went on to conclude that R would have offered to take a new lease from the purchaser, which would have increased the current value of the premises by approximately 7.4 per cent. V appealed against the amount of damages awarded for the breach. "Held": appeal allowed. The judge was wrong to have taken into account the likelihood that a former tenant would take a new lease. The judge had valued the wrong thing and the 7.4% increase could not stand.