Source: All England Reporter
Publisher Citation: [2002] All ER (D) 472 (Jul)
Court: Chancery Division

Hart J

Representation Robert Anderson (instructed by Stephenson Harwood) for the claimant.
  Stuart Cakebread (instructed by Jeffrey Green Russell) for the defendant.
Judgment Dates: 30 July 2002


Local government - Wilful misconduct - Remedies - Claimant ordered to elect remedy - Cumulative or alternative remedies - Whether court in error.

The Case

In the instant case, the claims and the losses were based on the essentially the same conduct and the principles of compensation applicable to each claim were the same Therefore it was clear that the causes of action and the remedies claimed by the claimant were cumulative and not alternative. Although there was no precedent, there was no reason in principle, subject to quantification, why the court's order could not reflect that entitlement.

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