Vasiliou v Hajigeorgiou [2010] EWCA Civ 1475 (21 December 2010)

Vasiliou v Hajigeorgiou [2010] EWCA Civ 1475 (21 December 2010)

Where the trial judge finds as a fact that the claimant would have operated a successful business but for the defendant's breach, damages for loss of profits should not be discounted for the possibility of failure; the assessment is based on the judge's findings, and further reduction for loss of chance is not required.

Citation
[2010] EWCA Civ 1475
Parties
Respondent/claimant: Vasiliou; Appellant/defendant: Hajigeorgiou
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Civil Appeal / Appeal From Assessment of Damages
Outcome
Appeal dismissed
Legal Topics
Damages, Loss of Profits, Breach of Covenant, Mitigation, Causation, Loss of Chance
Landlord and Tenant Contract Tort Damages Loss of Profits Breach of Covenant Mitigation Causation +1 more

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Parties

Vasiliou

Respondent/claimant

Hajigeorgiou

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Assessment of Damages

Legal Issues

  1. 1 Whether the judge erred in law by failing to discount damages for loss of profits to reflect the chance that the restaurant might not have succeeded
  2. 2 Whether the assessment of damages should have included a reduction for commercial risks and uncertainties

Ratio Decidendi

Where the trial judge finds as a fact that the claimant would have operated a successful business but for the defendant's breach, damages for loss of profits should not be discounted for the possibility of failure; the assessment is based on the judge's findings, and further reduction for loss of chance is not required.

Court Disposition

Appeal dismissed

Orders

  • No reduction of damages for loss of profits; assessment of £422,186 stands.