Paris Oldham and Gijlstra v Staffordshire Building Society
Language: English Series: Estates Gazette ; (8827) 9 July 1988, 71-72(2)Publication details: 1988Subject(s): Summary: CA 25 February 1988 Appeal by Staffordshire Building Society (S) from the decision of the district registrar , awarding damages to Paris Oldham and Gijlstra (P), solicitors , for breach of agreement to assign to P the head lease of office premises in Stafford. CA held that the registrar`s assessment could not stand, but the court did not possess the material to determine the proper figure itself. Attention was drawn to the correct guidelines mentioned by the registrar, 1) the proper course was to assess damage for the loss of a bargain, the rule in Bain v Fothergill not applying; 2) the case was one for exemplary damages and 3) the loss of the bargain must be assessed on the basis that the premises were being acquired as an investment and not for occupation by the purchasers. Appeal allowed and new trial ordered.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS39509 (Browse shelf(Opens below)) | 1 | Available | 17231-1001 |
CA 25 February 1988 Appeal by Staffordshire Building Society (S) from the decision of the district registrar , awarding damages to Paris Oldham and Gijlstra (P), solicitors , for breach of agreement to assign to P the head lease of office premises in Stafford. CA held that the registrar`s assessment could not stand, but the court did not possess the material to determine the proper figure itself. Attention was drawn to the correct guidelines mentioned by the registrar, 1) the proper course was to assess damage for the loss of a bargain, the rule in Bain v Fothergill not applying; 2) the case was one for exemplary damages and 3) the loss of the bargain must be assessed on the basis that the premises were being acquired as an investment and not for occupation by the purchasers. Appeal allowed and new trial ordered.