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CEMP Properties Ltd v Dentsply Research and Development Corp... (No 2)

Language: English Series: Estates Gazette ; (1989) 36 EG 90-100; 37 EG 126-133(10)Publication details: 1989Subject(s): Summary: ChD 24 February 1989. The second stage of proceedings brought by a purchaser (C) against a vendor (D). Litigation arose out of statements made before a contract, for the sale of premises in Soho . In the first stage of the proceedings, C`s claim for misrepresentation was upheld. In the second stage, the point at issue was quantification of damages . The misrepresentation related to failure to disclose deeds which revealed rights to light and air, enjoyed by the property adjoining C`s. C had started re development work these rights were revealed; consequently the schemes had to be partially redesigned and completion was delayed. Three alternative bases of claim were put forward: 1) £514,984 on the developer`s loss basis ; 2) £750,000 onjthe market value basis or 3)£854,471 on the hybrid basis. The judge emphasised the difficulty in making residual valuation s of prospective developments, because so much is based on assumption. In the end damages were assessed on the additional constru
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Law report London Journal article ABS41411 (Browse shelf(Opens below)) 1 Available 29982-1001

ChD 24 February 1989. The second stage of proceedings brought by a purchaser (C) against a vendor (D). Litigation arose out of statements made before a contract, for the sale of premises in Soho . In the first stage of the proceedings, C`s claim for misrepresentation was upheld. In the second stage, the point at issue was quantification of damages . The misrepresentation related to failure to disclose deeds which revealed rights to light and air, enjoyed by the property adjoining C`s. C had started re development work these rights were revealed; consequently the schemes had to be partially redesigned and completion was delayed. Three alternative bases of claim were put forward: 1) £514,984 on the developer`s loss basis ; 2) £750,000 onjthe market value basis or 3)£854,471 on the hybrid basis. The judge emphasised the difficulty in making residual valuation s of prospective developments, because so much is based on assumption. In the end damages were assessed on the additional constru