Hunt & Ors v Optima (Cambridge) Ltd & Ors

Hunt & Ors v Optima (Cambridge) Ltd & Ors

Interest awarded at 2% above base rate from date of flat purchase to date of judgment for S&P, but not for Optima where remedial costs are future losses. Claimants entitled to 90% of their costs, subject to specific reductions and reserved orders, due to partial success and late quantum particularisation. Offers made by defendants did not warrant acceptance and do not affect costs entitlement. Apportionment of damages between Optima and S&P clarified; no rateable reduction. Permission to appeal refused as grounds not reasonably arguable.

Parties
Claimants: Jonathan Paul Hunt and others; First Defendant: Optima (Cambridge) Limited; Second Defendant: Strutt & Parker (a firm); Third Defendant: Stephen Egford; Fourth Defendant: Strutt & Parker LLP
Jurisdiction
England and Wales
Judgment Date
03 May 2013
Procedural Posture
Civil / Post Trial Judgment on Costs and Interest
Outcome
Judgment for Claimants; costs and interest orders issued; permission to appeal refused.
Legal Topics
Damages, Interest, Costs, Specific Performance, Collateral Contract, Duty of Care, Limitation
Contract Law Property Law Professional Negligence Damages Interest Costs Specific Performance Collateral Contract +2 more

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Parties

Jonathan Paul Hunt and others

Claimants

Optima (Cambridge) Limited

First Defendant

Strutt & Parker (a firm)

Second Defendant

Stephen Egford

Third Defendant

Strutt & Parker LLP

Fourth Defendant

Procedural Posture

Civil / Post Trial Judgment on Costs and Interest

Legal Issues

  1. 1 Basis and period for discretionary interest
  2. 2 Entitlement and apportionment of costs
  3. 3 Appropriate rate of interest

Ratio Decidendi

Interest awarded at 2% above base rate from date of flat purchase to date of judgment for S&P, but not for Optima where remedial costs are future losses. Claimants entitled to 90% of their costs, subject to specific reductions and reserved orders, due to partial success and late quantum particularisation. Offers made by defendants did not warrant acceptance and do not affect costs entitlement. Apportionment of damages between Optima and S&P clarified; no rateable reduction. Permission to appeal refused as grounds not reasonably arguable.

Court Disposition

Judgment for Claimants; costs and interest orders issued; permission to appeal refused.

Orders

  • Interest at 2% above base rate from date of purchase to judgment for S&P damages.
  • No interest on Optima's damages for future remedial works.