Gilruth v Harding

Gilruth v Harding

The judge was entitled to find, on the balance of probabilities and based on expert evidence and witness testimony, that the horse's back defect would not have been discovered at the time of sale in September 2009, fixing its value at £200,000 and entitling the claimant to £42,500 damages under the contract.

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 / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Damages, Breach of Contract, Expert Evidence, Valuation of Property
Contract Law Damages Breach of Contract Expert Evidence Valuation of Property

Case Brief

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Parties

Mrs Emily Gilruth

Respondent/claimant

Mr G Henry Harding

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

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

Ratio Decidendi

The judge was entitled to find, on the balance of probabilities and based on expert evidence and witness testimony, that the horse's back defect would not have been discovered at the time of sale in September 2009, fixing its value at £200,000 and entitling the claimant to £42,500 damages under the contract.

Court Disposition

Appeal dismissed

Orders

  • Award of £42,500 damages to claimant upheld
  • Interest payable as ordered by trial judge