Malmesbury & Ors v Strutt & Parker (a partnership) & Anor

Malmesbury & Ors v Strutt & Parker (a partnership) & Anor

The court ruled that it is practical and just to assess damages on both bases at a single hearing to avoid delay and additional costs, and to facilitate any potential appeal.

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); 1st Defendant/additional Claimant: Wilsons (A partnership); 2nd Defendant/first Third Party/2nd Third Party: Peter Robin Fitzgerald
Jurisdiction
England and Wales
Judgment Date
15 May 2007
Procedural Posture
Civil / Ruling as to Damages Assessment
Outcome
Court will assess damages on both bases at a single hearing.
Legal Topics
Assessment of Damages, Measure of Damages, Interim Payments
Contract Law Damages Assessment of Damages Measure of Damages Interim Payments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

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)

1st Defendant/additional Claimant

Peter Robin Fitzgerald

2nd Defendant/first Third Party/2nd Third Party

Procedural Posture

Civil / Ruling as to Damages Assessment

Legal Issues

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

Ratio Decidendi

The court ruled that it is practical and just to assess damages on both bases at a single hearing to avoid delay and additional costs, and to facilitate any potential appeal.

Court Disposition

Court will assess damages on both bases at a single hearing.

Orders

  • Assessment of damages to be carried out on both bases at one hearing.
  • Interim payment application stood over to be heard at conclusion of application for interim payment on account of damages.