Hart & Anor v Large & Ors [2020] EWHC 1302 (TCC) (22 May 2020)

Hart & Anor v Large & Ors [2020] EWHC 1302 (TCC) (22 May 2020)

Anonymity was refused as not justified under CPR r.39.2(4); interest awarded only on the net damages sum (£374,000) at 4.5% from 23 November 2011 to 22 May 2020, reflecting both compensation and the fact that damages were assessed at 2011 prices; claimants awarded 85% of their costs on the standard basis due to partial success and unnecessary costs; permission to appeal granted only on the ground relating to valuation of damages; a limited stay was granted pending further evidence.

Citation
[2020] EWHC 1302 (TCC)
Parties
Claimant: Mr Chris Hart; Claimant: Mrs Kerry Hart; First Defendant: Mr Richard Large; Second Defendant: Michelmores LLP; Third Defendant: Harrison Sutton Partnership
Jurisdiction
England and Wales
Judgment Date
22 May 2020
Procedural Posture
Civil Professional Negligence / Post Trial Consequential Judgment
Outcome
Judgment for claimants with consequential orders as specified.
Legal Topics
Anonymity in Judgments, Interest on Damages, Costs Orders, Permission to Appeal, Stay of Execution
Civil Procedure Professional Negligence Remedies Anonymity in Judgments Interest on Damages Costs Orders Permission to Appeal Stay of Execution

Case Brief

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Parties

Mr Chris Hart

Claimant

Mrs Kerry Hart

Claimant

Mr Richard Large

First Defendant

Michelmores LLP

Second Defendant

Harrison Sutton Partnership

Third Defendant

Procedural Posture

Civil Professional Negligence / Post Trial Consequential Judgment

Legal Issues

  1. 1 Whether anonymity should be granted to the claimants
  2. 2 On what sum and at what rate should interest be awarded
  3. 3 What proportion of costs should be awarded and on what basis

Ratio Decidendi

Anonymity was refused as not justified under CPR r.39.2(4); interest awarded only on the net damages sum (£374,000) at 4.5% from 23 November 2011 to 22 May 2020, reflecting both compensation and the fact that damages were assessed at 2011 prices; claimants awarded 85% of their costs on the standard basis due to partial success and unnecessary costs; permission to appeal granted only on the ground relating to valuation of damages; a limited stay was granted pending further evidence.

Court Disposition

Judgment for claimants with consequential orders as specified.

Orders

  • Anonymity refused except for omission of property address.
  • Interest awarded on £374,000 at 4.5% simple interest from 23 November 2011 to 22 May 2020.