Gilruth v Harding [2015] EWCA Civ 1085 (21 July 2015)

Gilruth v Harding [2015] EWCA Civ 1085 (21 July 2015)

On balance of probability, the back defect would not have been discovered in a putative sale in September 2009, so the horse's value was £200,000; claimant entitled to 25% of increase over base value (£30,000), i.e. £42,500.

Citation
[2015] EWCA Civ 1085
Parties
Respondent/claimant: Mrs Emily Gilruth; Appellant/defendant: Mr G Henry Harding
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Civil Appeal / Appeal From Chester County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Damages, Breach of Contract, Expert Evidence, Valuation of Assets
Contract Law Damages Breach of Contract Expert Evidence Valuation of Assets

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mrs Emily Gilruth

Respondent/claimant

Mr G Henry Harding

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From Chester County Court Judgment

Legal Issues

  1. 1 Quantum of damages for breach of contract
  2. 2 Proper valuation of horse at relevant date
  3. 3 Admissibility and weight of expert evidence

Ratio Decidendi

On balance of probability, the back defect would not have been discovered in a putative sale in September 2009, so the horse's value was £200,000; claimant entitled to 25% of increase over base value (£30,000), i.e. £42,500.

Court Disposition

Appeal dismissed

Orders

  • Award of £42,500 damages to claimant upheld
  • Interest to be paid on damages