000 01639cab a2200241 4500
001 ABS42785
008 090401t1990 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u38813
041 _aeng
245 _aFarmer Giles Ltd v Wessex Water Authority and another
260 _c1990
350 _a0
490 _aEstates Gazette
_v(1990) 18 EG 102-106(4)
520 _aCA 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
650 _aCASE LAW
650 _aCOMPENSATION
650 _aLAND DRAINAGE ACT 1976 S17 5
650 _aLIABILITY
650 _aMEASURE OF DAMAGES
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942 _n0
948 _c04/03/1997
999 _c24907
_d24907