Voaden v Champion [2002] EWCA Civ 89 (31st January, 2002)

Voaden v Champion [2002] EWCA Civ 89 (31st January, 2002)

The Court of Appeal held that the trial judge's valuation of Baltic Surveyor was materially affected by misinformation regarding the sale price, date, and condition of Bluebird, the key comparable. The new evidence showed Bluebird sold for £142,000 post-survey in poor condition, not £127,800 in sound condition. The correct approach was to compare post-survey values, and Baltic Surveyor, in better condition, should be valued at £145,000. The judge's approach to the pontoon was upheld: in the absence of a market for old pontoons, value should be pro-rated based on remaining useful life, not full replacement cost. No additional award was made for loss of personal use, as damages for loss of...

Citation
[2002] EWCA Civ 89
Parties
Claimant/appellant: Pamela Voaden; Defendant/respondent: Champion
Jurisdiction
England and Wales
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Quantum Following Admission of New Evidence
Outcome
Appeal allowed in part
Legal Topics
Assessment of Damages, Valuation of Chattels, Admissibility of Fresh Evidence on Appeal, Restitutio in Integrum, Replacement Cost Vs Market Value, Loss of Use
Admiralty Tort Insurance Assessment of Damages Valuation of Chattels Admissibility of Fresh Evidence on Appeal Restitutio in Integrum Replacement Cost Vs Market Value +1 more

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Parties

Pamela Voaden

Claimant/appellant

Champion

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Quantum Following Admission of New Evidence

Legal Issues

  1. 1 Whether the trial judge erred in assessing the value of Baltic Surveyor due to misinformation about a comparable sale (Bluebird)
  2. 2 Whether the judge erred in not awarding replacement value for the lost pontoon
  3. 3 Whether an additional sum should be awarded for loss of personal use of the vessel

Ratio Decidendi

The Court of Appeal held that the trial judge's valuation of Baltic Surveyor was materially affected by misinformation regarding the sale price, date, and condition of Bluebird, the key comparable. The new evidence showed Bluebird sold for £142,000 post-survey in poor condition, not £127,800 in sound condition. The correct approach was to compare post-survey values, and Baltic Surveyor, in better condition, should be valued at £145,000. The judge's approach to the pontoon was upheld: in the absence of a market for old pontoons, value should be pro-rated based on remaining useful life, not full replacement cost. No additional award was made for loss of personal use, as damages for loss of...

Court Disposition

Appeal allowed in part

Orders

  • Value of Baltic Surveyor increased from £82,000 to £145,000
  • No change to pontoon award (£16,000)