Whiteleys (A Firm) v Trafalgar Consultancy Ltd [2006] EWCA Civ 503 (05 May 2006)

Whiteleys (A Firm) v Trafalgar Consultancy Ltd [2006] EWCA Civ 503 (05 May 2006)

Where a professional advisor is instructed to calculate on a notional 53-week year to account for double time on bank holidays, and fails to do so, damages are measured by the difference between a 52-week and 53-week calculation, not by the actual number of bank holidays, as this reflects the instructions and pleaded case.

Citation
[2006] EWCA Civ 503
Parties
Claimant/respondent: Whiteleys (A Firm); Defendant/appellant: Trafalgar Consultancy Limited
Jurisdiction
England and Wales
Judgment Date
05 May 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal allowed in part
Legal Topics
Measure of Damages, Professional Duty of Care, Breach of Contract, Instructions to Professional Advisors
Professional Negligence Contract Law Measure of Damages Professional Duty of Care Breach of Contract Instructions to Professional Advisors

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Parties

Whiteleys (A Firm)

Claimant/respondent

Trafalgar Consultancy Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the respondent (accountant) was negligent in failing to factor double time for bank holidays into tender calculations as instructed by the appellant
  2. 2 What is the correct measure of damages for the appellant's loss resulting from the respondent's breach of duty

Ratio Decidendi

Where a professional advisor is instructed to calculate on a notional 53-week year to account for double time on bank holidays, and fails to do so, damages are measured by the difference between a 52-week and 53-week calculation, not by the actual number of bank holidays, as this reflects the instructions and pleaded case.

Court Disposition

Appeal allowed in part

Orders

  • Judgment on the counterclaim for £90,933 plus interest in favour of the appellant (Trafalgar Consultancy Limited)
  • Parties to agree the figure for interest and submit an agreed order