Greymalkin Ltd. v Copleys (a firm) [2004] EWCA Civ 1754 (13 December 2004)

Greymalkin Ltd. v Copleys (a firm) [2004] EWCA Civ 1754 (13 December 2004)

The appropriate basis for damages is diminution in value; the claimant failed to prove that alleged expenditures were wasted or constituted recoverable losses, and the judge was correct not to include them in the award.

Citation
[2004] EWCA Civ 1754
Parties
Claimant/appellant: Greymalkin Limited; Defendant/respondent: Copleys (A Firm)
Jurisdiction
England and Wales
Judgment Date
13 December 2004
Procedural Posture
Appeal From High Court (chancery Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Solicitor Negligence, Damages Assessment, Defective Title, Diminution in Value
Professional Negligence Property Law Solicitor Negligence Damages Assessment Defective Title Diminution in Value

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Parties

Greymalkin Limited

Claimant/appellant

Copleys (A Firm)

Defendant/respondent

Procedural Posture

Appeal From High Court (chancery Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether damages should include expenditure thrown away between June 1993 and February 1994 before the claimant was informed of defective title
  2. 2 Appropriate basis for assessment of damages in solicitor negligence relating to property purchase

Ratio Decidendi

The appropriate basis for damages is diminution in value; the claimant failed to prove that alleged expenditures were wasted or constituted recoverable losses, and the judge was correct not to include them in the award.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed at £9,778