Source: All England Reporter
Publisher Citation: [2002] All ER (D) 372 (Mar)
Court: Court of Appeal, Civil Division

Simon Brown and Hale LJJ

Representation Andrew Noble (instructed by Hill Dickinson, Liverpool) for the claimant.
  Christopher Taft (instructed by Betesh Fox & Co, Manchester) for the defendant.
Judgment Dates: 22 March 2002


Contract - Damages for breach - Measure of damages - Building contract - Defendants terminating contract - Defendants alleging defects in work done - Judge not considering whether defects should be set off against award of damages - Whether judge in error.

The Case

The defendants appealed against a decision that they were in breach of a building contract, and the award of damages that had been made. Allowing the appeal in part, the court ruled that the judge had been entitled to find that the defendants were in breach, but that he had erred in that he had not considered whether some defects which were alleged to exist in the claimant's work should be set off against the award of damages

Practice Areas

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