Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc (No 2) [2012] EWHC 3365 (TCC) (28 November 2012)

Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc (No 2) [2012] EWHC 3365 (TCC) (28 November 2012)

The claimants are entitled to an interim payment of £4 million, as this represents the irreducible minimum recoverable based on diminution in value and loss of profit, even after accounting for contributory negligence and unresolved title to sue issues. The court rejected the defendant's argument that title to sue had disappeared and found the diminution in value argument at least arguable, warranting an interim payment.

Citation
[2012] EWHC 3365 (TCC)
Parties
Claimant: Trebor Bassett Holdings Limited (in liquidation); Claimant: The Cadbury UK Partnership (formerly known as The Cadbury Trebor Bassett Partnership t/a Monkhill Confectionary) now dissolved; Claimant: Kraft Foods UK Confectionary Production Limited; Defendant: ADT Fire and Security PLC
Jurisdiction
England and Wales
Judgment Date
28 November 2012
Procedural Posture
Interim Payment Application / Post Liability Judgment, Quantum Pending
Outcome
interim payment granted
Legal Topics
Interim Payment, Contributory Negligence, Title to Sue, Measure of Loss, Assignment of Claims
Commercial Law Tort Law Contract Law Construction Law Interim Payment Contributory Negligence Title to Sue Measure of Loss +1 more

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Parties

Trebor Bassett Holdings Limited (in liquidation)

Claimant

The Cadbury UK Partnership (formerly known as The Cadbury Trebor Bassett Partnership t/a Monkhill Confectionary) now dissolved

Claimant

Kraft Foods UK Confectionary Production Limited

Claimant

ADT Fire and Security PLC

Defendant

Procedural Posture

Interim Payment Application / Post Liability Judgment, Quantum Pending

Legal Issues

  1. 1 Whether claimants are entitled to an interim payment under CPR Part 25.7(1)
  2. 2 Whether claimants retain title to sue after business asset transfers and dissolution
  3. 3 Proper measure of loss: cost of reinstatement vs. diminution in value

Ratio Decidendi

The claimants are entitled to an interim payment of £4 million, as this represents the irreducible minimum recoverable based on diminution in value and loss of profit, even after accounting for contributory negligence and unresolved title to sue issues. The court rejected the defendant's argument that title to sue had disappeared and found the diminution in value argument at least arguable, warranting an interim payment.

Court Disposition

interim payment granted

Orders

  • Defendant to pay £4 million to Kraft Foods UK Confectionary Production Limited as interim payment.