Greymalkin Ltd. v Copleys (a firm)

Greymalkin Ltd. v Copleys (a firm)

The judge was correct to assess damages on the diminution in value basis and to exclude additional compensation for alleged wasted expenditure and finance charges, as the claimant failed to prove these losses were incurred as a result of the defendant's negligence.

Parties
Claimant/appellant: Greymalkin Limited; Defendant/respondent: Copleys (A Firm)
Jurisdiction
England and Wales
Judgment Date
13 December 2004
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Solicitor's Negligence, Damages Assessment, Diminution in Value, Wasted Expenditure
Professional Negligence Property Law Solicitor's Negligence Damages Assessment Diminution in Value Wasted Expenditure

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Parties

Greymalkin Limited

Claimant/appellant

Copleys (A Firm)

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in failing to include or allow for expenditure thrown away between June 1993 and February 1994 before the claimant was informed of the defective title

Ratio Decidendi

The judge was correct to assess damages on the diminution in value basis and to exclude additional compensation for alleged wasted expenditure and finance charges, as the claimant failed to prove these losses were incurred as a result of the defendant's negligence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the sum of £9,778