| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 334 (Jul) |
| Neutral Citation: | [2007] EWHC 1710 (TCC) |
| Court: | Queen's Bench Division (Technology and Construction Court) |
| Judge: | Jackson J |
| Representation | David Cavender and Daniel Hubbard (instructed by Nabarro Nathanson) for the claimant. |
| Peter de Verneuil Smith (instructed by Hill Dickinson) for the defendant. | |
| Judgment Dates: | 11 July 2007 |
Catchwords
Building contract - Damages - Liability for damages - Claimant engaging defendant to pile foundations of housing development - Defendant admitting breaches of contract - Whether loss and damage flowing from breaches of contract.
The Case
Building contract Damages. Applying settled principles it would be 'patently absurd' to assess diminution in value at the date of construction. As it was neither speculative nor hypothetical that the claimant would face at least some claim for diminution in value from householders. A declaration of an entitlement to indemnity was the proper remedy to grant in the exercise of its discretion (see [738])
Practice Areas
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