Farmer Giles Ltd v Wessex Water Authority and another
Language: English Series: Estates Gazette ; (1990) 18 EG 102-106(4)Publication details: 1990Subject(s): Summary: CA 1 November 1989. Appeal by defendants (W) and cross-appeal by plaintiffs (G) from QBD decision on a claim by G for damage caused by the collapse of a wall of a commercial building. The judge had awarded G £34,100 plus interest of £18,470.69. W appealed to CA on the ground that the award was excessive; G cross appealed on the ground that it was inadequate. CA held that the judge`s approach to the assessment of damages was correct. It rejected W`s claim that in all cases where a building was destroyed or damaged by tort, the ceiling figure for damages was the value of the property at the time of the tort, without any regard to potential development in the future. It also rejected G`s cross appeal, based on the construction of their agreement with W, by which they claimed an entitlement to reinstatement . Figures of £117,000 and £155,000 had been quoted. The court was not restricted to a choice of complete reinstatement on the one hand and the market value of the property as it stood| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42785 (Browse shelf(Opens below)) | 1 | Available | 38813-1001 |
CA 1 November 1989. Appeal by defendants (W) and cross-appeal by plaintiffs (G) from QBD decision on a claim by G for damage caused by the collapse of a wall of a commercial building. The judge had awarded G £34,100 plus interest of £18,470.69. W appealed to CA on the ground that the award was excessive; G cross appealed on the ground that it was inadequate. CA held that the judge`s approach to the assessment of damages was correct. It rejected W`s claim that in all cases where a building was destroyed or damaged by tort, the ceiling figure for damages was the value of the property at the time of the tort, without any regard to potential development in the future. It also rejected G`s cross appeal, based on the construction of their agreement with W, by which they claimed an entitlement to reinstatement . Figures of £117,000 and £155,000 had been quoted. The court was not restricted to a choice of complete reinstatement on the one hand and the market value of the property as it stood