Knight v Gibson [2006] EWCA Civ 225 (21 February 2006)

Knight v Gibson [2006] EWCA Civ 225 (21 February 2006)

The trial judge acted within her discretion and in accordance with the overriding objective by assessing damages herself based on limited evidence, rather than ordering a further inquiry, given the disproportionate cost and delay that would result.

Citation
[2006] EWCA Civ 225
Parties
Claimant/appellant: David Whitburn Knight; Defendant/respondent: Brian Halley Gibson
Jurisdiction
England and Wales
Judgment Date
21 February 2006
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Breach of Restrictive Covenant, Damages Assessment, Injunctions
Property Law Contract Law Breach of Restrictive Covenant Damages Assessment Injunctions

Case Brief

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Parties

David Whitburn Knight

Claimant/appellant

Brian Halley Gibson

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in refusing an inquiry as to damages for breach of covenant
  2. 2 Proper method for assessing damages for breach of restrictive covenant

Ratio Decidendi

The trial judge acted within her discretion and in accordance with the overriding objective by assessing damages herself based on limited evidence, rather than ordering a further inquiry, given the disproportionate cost and delay that would result.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Original damages award and costs order upheld