Source: All England Reporter
Publisher Citation: [2008] All ER (D) 183 (Jun)
Neutral Citation: [2008] EWHC 1516 (QB)
Court: Queen's Bench Division

Forbes J

Representation William Webb (instructed by Birketts LLP, Ipswich) for the claimant.
  Sam Healey (instructed by Harland & Co, York) for the defendant.
Judgment Dates: 16 June 2008


Contract - Damages for breach - Measure of damages - Parties entering into agreement for defendant company to lay an external area of concrete slab on site in question - Defendant requiring claimant to leave site - Claimant bringing claim against defendant for contract balance and costs incurred up until that date - Judge approaching assessment of damages on reliance loss approach and ordering defendant to pay claimant damages for costs incurred prior to termination - Whether judge applying correct approach.

The Case

Contract Damages for breach. On an appeal against a decision of the judge sitting in the county court, the judge had fallen into error in calculating the recoverable award of damages for incorrect termination of a contract, where he had wrongly calculated the award damages using the reliance measure of damages. The instant case was clearly one where the judge should have approached the assessment of damages using the expectation measure.

Practice Areas

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