Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc (No 2)

Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc (No 2)

The court found that, even accepting the defendant's arguments on title to sue and measure of loss, the claimants would inevitably recover at least £4 million, being the irreducible minimum based on diminution in value and loss of profit, after applying the 75% contributory negligence reduction. The claimants' title to sue was sufficient for the purposes of the interim payment application, and the defendant's arguments did not amount to a complete defence.

Parties
Claimant: Trebor Bassett Holdings Limited; 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
Civil / Interim Payment Application After Liability Judgment, Before Quantum Trial
Outcome
interim payment ordered
Legal Topics
Interim Payment, Contributory Negligence, Title to Sue, Measure of Loss, Assignment of Claims
Tort Contract Commercial Law Interim Payment Contributory Negligence Title to Sue Measure of Loss Assignment of Claims

Case Brief

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Parties

Trebor Bassett Holdings Limited

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

Civil / Interim Payment Application After Liability Judgment, Before Quantum Trial

Legal Issues

  1. 1 Whether claimants are entitled to an interim payment under CPR Part 25.7(1)
  2. 2 Whether claimants have title to sue given assignments and dissolution
  3. 3 Proper measure of loss: cost of reinstatement or diminution in value

Ratio Decidendi

The court found that, even accepting the defendant's arguments on title to sue and measure of loss, the claimants would inevitably recover at least £4 million, being the irreducible minimum based on diminution in value and loss of profit, after applying the 75% contributory negligence reduction. The claimants' title to sue was sufficient for the purposes of the interim payment application, and the defendant's arguments did not amount to a complete defence.

Court Disposition

interim payment ordered

Orders

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