Malmesbury & Ors v Strutt & Parker (a partnership) & Anor [2007] EWHC 1132 (QB) (15 May 2007)

Malmesbury & Ors v Strutt & Parker (a partnership) & Anor [2007] EWHC 1132 (QB) (15 May 2007)

The court ruled that, balancing the interests of justice, costs, and court time, it is appropriate to assess damages on both bases at a single hearing to facilitate any appeal and avoid unnecessary delay and expense.

Citation
[2007] EWHC 1132 (QB)
Parties
Claimant: Seventh Earl of Malmesbury; Claimant: William John Maltby; Claimant: Kathleen Hobbs; Claimant: Wilsco 283 Limited; 1st Defendant/additional Claimant: Strutt & Parker (A partnership); 2nd Defendant/1st Third Party: Wilsons (A partnership); 2nd Third Party: Peter Robin Fitzgerald
Jurisdiction
England and Wales
Judgment Date
15 May 2007
Procedural Posture
Damages Assessment / Post Judgment Ruling on Assessment Procedure
Outcome
Application granted for assessment of damages on both bases at a single hearing.
Legal Topics
Assessment of Damages, Alternative Findings, Appeal Procedure
Civil Procedure Damages Assessment of Damages Alternative Findings Appeal Procedure

Case Brief

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Parties

Seventh Earl of Malmesbury

Claimant

William John Maltby

Claimant

Kathleen Hobbs

Claimant

Wilsco 283 Limited

Claimant

Strutt & Parker (A partnership)

1st Defendant/additional Claimant

Wilsons (A partnership)

2nd Defendant/1st Third Party

Peter Robin Fitzgerald

2nd Third Party

Procedural Posture

Damages Assessment / Post Judgment Ruling on Assessment Procedure

Legal Issues

  1. 1 Whether damages should be assessed on both the value difference at transaction date and likely lost income bases
  2. 2 Whether the court should make alternative findings to assist a possible appeal

Ratio Decidendi

The court ruled that, balancing the interests of justice, costs, and court time, it is appropriate to assess damages on both bases at a single hearing to facilitate any appeal and avoid unnecessary delay and expense.

Court Disposition

Application granted for assessment of damages on both bases at a single hearing.

Orders

  • Damages to be assessed on both value difference at transaction date and likely lost income bases.
  • Interim payment on account of costs by Strutt & Parker to claimants stood over to be heard after application for interim payment on account of damages.