Whiteleys (A Firm) v Trafalgar Consultancy Ltd
The proper measure of damages is the difference between the contract price calculated on a 52-week year and that on a 53-week year, as this reflects the instructions actually pleaded and proved. The appellant is entitled to £90,933 plus interest, not the higher sums claimed under alternative methods not supported by the pleadings.
- 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
- Outcome
- Appeal allowed in part
- Legal Topics
- Measure of Damages, Breach of Duty, Instructions to Professional Advisors
Case Brief
Summary, issues, holding and outcome
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Parties
Whiteleys (A Firm)
Claimant/respondent
Trafalgar Consultancy Limited
Defendant/appellant
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the respondent breached its duty of care in preparing tender calculations by failing to include double time for bank holidays as instructed
- 2 What is the proper measure of damages for the breach
Ratio Decidendi
The proper measure of damages is the difference between the contract price calculated on a 52-week year and that on a 53-week year, as this reflects the instructions actually pleaded and proved. The appellant is entitled to £90,933 plus interest, not the higher sums claimed under alternative methods not supported by the pleadings.
Court Disposition
Appeal allowed in part
Orders
- Judgment on the counterclaim for £90,933 plus interest
- Counsel to agree the figure for interest for the final order
Full Case Text
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