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 will assess damages on both the value difference at transaction date and likely lost income bases, as this is a better use of costs and court time, furthers the interests of justice, and prepares for the real possibility of appellate reversal on the appropriate measure of damages.

Citation
[2007] EWHC 1132
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 in Civil Litigation / Post Judgment, Ruling on Assessment of Damages
Outcome
Court orders that damages be assessed on both bases at a single hearing.
Legal Topics
Assessment of Damages, Alternative Bases for Damages Calculation, Interim Payments, Appeal Procedure
Civil Procedure Damages Assessment of Damages Alternative Bases for Damages Calculation Interim Payments Appeal Procedure

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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 in Civil Litigation / Post Judgment, Ruling on Assessment of Damages

Legal Issues

  1. 1 Whether damages should be assessed on the basis of value difference at transaction date or on the basis of likely lost income
  2. 2 Whether the court should make alternative findings on both bases for damages assessment

Ratio Decidendi

The court will assess damages on both the value difference at transaction date and likely lost income bases, as this is a better use of costs and court time, furthers the interests of justice, and prepares for the real possibility of appellate reversal on the appropriate measure of damages.

Court Disposition

Court orders that damages be assessed on both bases at a single hearing.

Orders

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