Aylwen v Taylor Joynson Garrett (A Firm) [2001] EWCA Civ 1171 (3 July 2001)

Aylwen v Taylor Joynson Garrett (A Firm) [2001] EWCA Civ 1171 (3 July 2001)

The claimant's alleged losses, including loss of profit and tax benefits, were not recoverable as they were either not caused by the defendant's negligence or were too remote; damages are to be assessed at the date of breach, and the claimant could have reinvested in another property. The application to adduce fresh evidence and amend pleadings failed as the evidence could have been produced below and did not meet the criteria for admission on appeal. The proposed tax loss claim was not sufficiently supported by the evidence and could not be added at this stage.

Citation
[2001] EWCA Civ 1171
Parties
Claimant/appellant: Bennie Chavez Aylwen; Defendant/respondent: Taylor Joynson Garrett
Jurisdiction
England and Wales
Judgment Date
03 July 2001
Procedural Posture
Appeal (civil) / Appeal From Summary Judgment and Applications to Amend Pleadings and Adduce New Evidence
Outcome
Appeal dismissed
Legal Topics
Measure of Damages, Remoteness of Damage, Amendment of Pleadings, Admissibility of Fresh Evidence, Limitation of Actions
Professional Negligence Civil Procedure Measure of Damages Remoteness of Damage Amendment of Pleadings Admissibility of Fresh Evidence Limitation of Actions

Case Brief

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Parties

Bennie Chavez Aylwen

Claimant/appellant

Taylor Joynson Garrett

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From Summary Judgment and Applications to Amend Pleadings and Adduce New Evidence

Legal Issues

  1. 1 Whether the claimant suffered recoverable loss as a result of the defendant solicitors' alleged negligence
  2. 2 Whether damages should be assessed at the date of breach or another date
  3. 3 Whether the claimant should be permitted to adduce fresh evidence and amend pleadings on appeal

Ratio Decidendi

The claimant's alleged losses, including loss of profit and tax benefits, were not recoverable as they were either not caused by the defendant's negligence or were too remote; damages are to be assessed at the date of breach, and the claimant could have reinvested in another property. The application to adduce fresh evidence and amend pleadings failed as the evidence could have been produced below and did not meet the criteria for admission on appeal. The proposed tax loss claim was not sufficiently supported by the evidence and could not be added at this stage.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs subject to detailed assessment
  • Application to adduce fresh evidence refused