Plummer v Tibsco Ltd & Anor [2002] EWCA Civ 102 (31 January 2002)

Plummer v Tibsco Ltd & Anor [2002] EWCA Civ 102 (31 January 2002)

The claimant's right to damages for breach of contract was extinguished by the compromise and surrender agreement under which he accepted a 20-year lease in place of the five-year renewal. No substantial damages were recoverable as the only loss was nominal, relating to the failure to provide legal title, not to the difference in lease terms.

Citation
[2002] EWCA Civ 102
Parties
Claimant/respondent: Barry Plummer; Defendant/appellant: Tibsco Limited (formerly Courage Limited); Defendant/appellant: Inntrepreneur Pub Company (CPC) (formerly Inntrepreneur Estates (CPC) Limited)
Jurisdiction
England and Wales
Judgment Date
31 January 2002
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed; claimant's action dismissed.
Legal Topics
Breach of Contract, Compromise and Settlement, Damages Assessment, Lease Renewal, Surrender of Tenancy
Contract Law Landlord and Tenant Law Breach of Contract Compromise and Settlement Damages Assessment Lease Renewal Surrender of Tenancy

Case Brief

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Parties

Barry Plummer

Claimant/respondent

Tibsco Limited (formerly Courage Limited)

Defendant/appellant

Inntrepreneur Pub Company (CPC) (formerly Inntrepreneur Estates (CPC) Limited)

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the claimant's right to damages for breach of contract survived the surrender and compromise of the lease.
  2. 2 Whether the claimant was entitled to substantial damages or only nominal damages for the alleged breach.

Ratio Decidendi

The claimant's right to damages for breach of contract was extinguished by the compromise and surrender agreement under which he accepted a 20-year lease in place of the five-year renewal. No substantial damages were recoverable as the only loss was nominal, relating to the failure to provide legal title, not to the difference in lease terms.

Court Disposition

Appeal allowed; claimant's action dismissed.

Orders

  • Order of the judge below set aside.
  • Mr Plummer's action dismissed.