Consortium Commercial Developments Ltd v ABB Ltd

Consortium Commercial Developments Ltd v ABB Ltd

Damages for lack of repair are capped at the diminution in value (£225,000), reinstatement and statutory items are recoverable at agreed remedial costs, claim for lost rent and rates fails due to lack of causation, credit for overpaid rent must include VAT, and interest is awarded at 3% per annum from 16 June 2011.

Parties
Claimant: Consortium Commercial Developments Limited; Defendant: ABB Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2015
Procedural Posture
Civil / Judgment
Outcome
Claimant awarded damages for diminution in value, reinstatement and statutory items, preparation of schedule, less credit for overpaid rent, plus interest.
Legal Topics
Dilapidations, Measure of Damages, Diminution in Value, Reinstatement, Interest on Damages, Credit for Overpaid Rent
Landlord and Tenant Property Law Contract Law Dilapidations Measure of Damages Diminution in Value Reinstatement Interest on Damages +1 more

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Parties

Consortium Commercial Developments Limited

Claimant

ABB Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether damages for repair costs are capped by s18(1) of the Landlord and Tenant Act 1927
  2. 2 Correct measure of damages for reinstatement and statutory items
  3. 3 Entitlement to recover rent and rates for remedial works period

Ratio Decidendi

Damages for lack of repair are capped at the diminution in value (£225,000), reinstatement and statutory items are recoverable at agreed remedial costs, claim for lost rent and rates fails due to lack of causation, credit for overpaid rent must include VAT, and interest is awarded at 3% per annum from 16 June 2011.

Court Disposition

Claimant awarded damages for diminution in value, reinstatement and statutory items, preparation of schedule, less credit for overpaid rent, plus interest.

Orders

  • Damages awarded: £192,910.78
  • Interest awarded: £23,862.80 at 3% per annum from 16 June 2011