Primavera v Allied Dunbar Assurance Plc [2002] EWCA Civ 1327 (4 October 2002)

Primavera v Allied Dunbar Assurance Plc [2002] EWCA Civ 1327 (4 October 2002)

The respondent's loss crystallised in 1995 due to negligent advice, and subsequent benefits from retaining the fund were collateral and not caused by the breach; therefore, damages are assessed as at 1995 and solicitors' costs incurred due to misrepresentation are recoverable.

Source-derived case information.

Citation
[2002] EWCA Civ 1327
Parties
Claimant/respondent: Primavera; Defendant/appellant: Allied Dunbar Assurance PLC
Jurisdiction
England and Wales
Judgment Date
04 October 2002
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Damages Assessment, Mitigation of Loss, Misrepresentation, Negligent Advice, Pension Schemes
Tort Contract Professional Negligence Damages Assessment Mitigation of Loss Misrepresentation Negligent Advice Pension Schemes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Primavera

Claimant/respondent

Allied Dunbar Assurance PLC

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether damages should be assessed as at 1995 or at a later date
  2. 2 Whether subsequent benefits accrued by the claimant should be taken into account in mitigation of loss
  3. 3 Whether the claimant is entitled to recover solicitors' costs incurred due to misrepresentation

Ratio Decidendi

The respondent's loss crystallised in 1995 due to negligent advice, and subsequent benefits from retaining the fund were collateral and not caused by the breach; therefore, damages are assessed as at 1995 and solicitors' costs incurred due to misrepresentation are recoverable.

Court Disposition

Appeal allowed in part

Orders

  • Damages reduced to £103,632 plus interest
  • Respondent entitled to recover solicitors' costs of £2,632