Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 1121 (TCC) (03 May 2013)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 1121 (TCC) (03 May 2013)

Interest on damages for future remedial works is not awarded as loss not yet incurred; interest on capital diminution damages runs at 2% above base rate from date of purchase to judgment. Claimants entitled to 90% of their standard costs, subject to reserved orders and specific exceptions, due to partial criticism for late quantum particularisation but overall success. No rateable reduction in execution between defendants; damages and costs apportioned as per judgment. Permission to appeal refused as grounds not reasonably arguable.

Citation
[2013] EWHC 1121 (TCC)
Parties
Claimant: 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 Technology and Construction Court / Post Judgment (costs and Interest)
Outcome
Claimants awarded 90% of their standard costs, interest on certain damages, and interim payment on account of costs; specific costs orders made for applications and amendments; permission to appeal refused.
Legal Topics
Damages Assessment, Interest on Damages, Costs Orders, Specific Performance, Collateral Contract, Duty of Care, Limitation Period
Construction Law Professional Negligence Landlord and Tenant Damages Assessment Interest on Damages Costs Orders Specific Performance Collateral Contract +2 more

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Parties

Jonathan Paul Hunt and others

Claimant

Optima (Cambridge) Limited

First Defendant

Strutt & Parker (a firm)

Second Defendant

Stephen Egford

Third Defendant

Strutt & Parker LLP

Fourth Defendant

Procedural Posture

Civil Technology and Construction Court / Post Judgment (costs and Interest)

Legal Issues

  1. 1 Whether interest should be awarded on damages for remedial works not yet incurred
  2. 2 Appropriate rate and period for interest on capital diminution damages
  3. 3 Entitlement and apportionment of costs between parties

Ratio Decidendi

Interest on damages for future remedial works is not awarded as loss not yet incurred; interest on capital diminution damages runs at 2% above base rate from date of purchase to judgment. Claimants entitled to 90% of their standard costs, subject to reserved orders and specific exceptions, due to partial criticism for late quantum particularisation but overall success. No rateable reduction in execution between defendants; damages and costs apportioned as per judgment. Permission to appeal refused as grounds not reasonably arguable.

Court Disposition

Claimants awarded 90% of their standard costs, interest on certain damages, and interim payment on account of costs; specific costs orders made for applications and amendments; permission to appeal refused.

Orders

  • Optima to pay damages for common parts into trust account; no interest on future remedial works damages.
  • Interest at 2% above base rate on capital diminution damages from date of purchase to judgment against S&P.