Barkin Construction Ltd v Re-Source America International Ltd

Barkin Construction Ltd v Re-Source America International Ltd

Credit must be given for the saved cost of refurbishment in assessing Corning’s loss; Re-Source failed to establish any recoverable loss of its own due to lack of evidence of actual loss and profitability.

Parties
Appellant: Barkin Construction Ltd.; Respondent: Re-Source America International Ltd.
Jurisdiction
England and Wales
Judgment Date
08 February 2005
Procedural Posture
Civil Appeal / Appeal From Judgment on Quantum
Outcome
Appeal allowed
Legal Topics
Negligence, Damages, Bailee's Rights, Quantum Assessment
Tort Law Contract Law Negligence Damages Bailee's Rights Quantum Assessment

Case Brief

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Parties

Barkin Construction Ltd.

Appellant

Re-Source America International Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment on Quantum

Legal Issues

  1. 1 Whether credit should be given for saved refurbishment costs in assessing damages for destroyed spools
  2. 2 Whether Re-Source established its own recoverable loss as a result of the fire

Ratio Decidendi

Credit must be given for the saved cost of refurbishment in assessing Corning’s loss; Re-Source failed to establish any recoverable loss of its own due to lack of evidence of actual loss and profitability.

Court Disposition

Appeal allowed

Orders

  • Re-Source’s claim reduced by the saved cost of refurbishment; agreed amount to be substituted for the sum awarded by the judge.
  • Costs of appeal to Barkin, subject to detailed assessment if not agreed.