Britannia Zinc Ltd. v Southern Electric Contracting Ltd. & Anor [2002] EWHC 606 (TCC) (12 April 2002)

Britannia Zinc Ltd. v Southern Electric Contracting Ltd. & Anor [2002] EWHC 606 (TCC) (12 April 2002)

The claimant is entitled to recover damages for physical loss and reasonable expenditure incurred to prevent further damage to its plant as a result of the defendant's admitted breach of contract, but only to the extent that such losses are proved by satisfactory evidence. The agreement between loss adjusters on quantum is not binding on the parties absent express authority or agreement.

Citation
[2002] EWHC 606 (TCC)
Parties
Claimant: Britannia Zinc Limited; First Defendant: Southern Electric Contracting Limited; Second Defendant: Connect South West Limited
Jurisdiction
England and Wales
Judgment Date
12 April 2002
Procedural Posture
Tort/contract (damages) / Judgment After Trial
Outcome
Claim allowed in part against Connect South West Limited; claim against Southern Electric Contracting Limited discontinued.
Legal Topics
Negligence, Breach of Contract, Damages, Material Damage, Business Interruption, Expert Evidence
Contract Law Tort Law Negligence Breach of Contract Damages Material Damage Business Interruption Expert Evidence

Case Brief

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Parties

Britannia Zinc Limited

Claimant

Southern Electric Contracting Limited

First Defendant

Connect South West Limited

Second Defendant

Procedural Posture

Tort/contract (damages) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant Connect South West Limited is liable for damages resulting from negligent repair of an electrical cable.
  2. 2 Whether the claimant can recover costs incurred to prevent further damage to plant after business interruption losses were struck out.
  3. 3 Whether an agreement between loss adjusters on quantum is binding on the parties.

Ratio Decidendi

The claimant is entitled to recover damages for physical loss and reasonable expenditure incurred to prevent further damage to its plant as a result of the defendant's admitted breach of contract, but only to the extent that such losses are proved by satisfactory evidence. The agreement between loss adjusters on quantum is not binding on the parties absent express authority or agreement.

Court Disposition

Claim allowed in part against Connect South West Limited; claim against Southern Electric Contracting Limited discontinued.

Orders

  • Damages awarded to Britannia Zinc Limited in the sum of £38,455.73 against Connect South West Limited.