Bella Casa Ltd v Vinestone Ltd & Ors [2005] EWHC 2807 (TCC) (09 December 2005)

Bella Casa Ltd v Vinestone Ltd & Ors [2005] EWHC 2807 (TCC) (09 December 2005)

BCL's claim for general damages for loss of use, calculated by reference to interest on the purchase price, is not recoverable in law or on the assumed facts. Only modest general damages for loss of enjoyment are permissible in building cases, and such claims are not open to corporate claimants. Special damages for service charges and expenses incurred without benefit may be recoverable, subject to causation, proof, and mitigation.

Citation
[2005] EWHC 2807 (TCC)
Parties
Claimant: Bella Casa Ltd; First Defendant: Vinestone Ltd; Second Defendant: Paxton Locher Architects Ltd; Third Defendant: Duffy Construction Ltd; Part 20 Defendant: Faberdex Installations Ltd
Jurisdiction
England and Wales
Judgment Date
09 December 2005
Procedural Posture
Civil Construction Defects / Preliminary Issue Judgment
Outcome
Claim for general damages for loss of use dismissed; claims for special damages not irrecoverable in principle.
Legal Topics
Defective Premises Act 1972, Damages, Loss of Use, Special Damages, General Damages
Construction Law Contract Law Tort Law Defective Premises Act 1972 Damages Loss of Use Special Damages General Damages

Case Brief

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Parties

Bella Casa Ltd

Claimant

Vinestone Ltd

First Defendant

Paxton Locher Architects Ltd

Second Defendant

Duffy Construction Ltd

Third Defendant

Faberdex Installations Ltd

Part 20 Defendant

Procedural Posture

Civil Construction Defects / Preliminary Issue Judgment

Legal Issues

  1. 1 Are BCL's claims for loss of use, calculated by reference to interest on the purchase price and service charges, recoverable as damages for breach of contract/statutory duty under the Defective Premises Act 1972?

Ratio Decidendi

BCL's claim for general damages for loss of use, calculated by reference to interest on the purchase price, is not recoverable in law or on the assumed facts. Only modest general damages for loss of enjoyment are permissible in building cases, and such claims are not open to corporate claimants. Special damages for service charges and expenses incurred without benefit may be recoverable, subject to causation, proof, and mitigation.

Court Disposition

Claim for general damages for loss of use dismissed; claims for special damages not irrecoverable in principle.

Orders

  • General damages claim for loss of use (interest on purchase price) dismissed.
  • Special damages claims for service charges and expenses may proceed, subject to causation, proof, and mitigation.