Landfast (Anglia) Ltd. v Cameron Taylor One Ltd.

Landfast (Anglia) Ltd. v Cameron Taylor One Ltd.

The application for summary judgment was dismissed because the claims, though arguably weak or excessive, were sufficiently arguable to warrant determination at trial, and the assignment of the cause of action allowed Anglia to claim losses suffered by it.

Parties
Claimant: Landfast (Anglia) Limited; Defendant: Cameron Taylor One Limited
Jurisdiction
England and Wales
Judgment Date
26 February 2008
Procedural Posture
Civil / Summary Judgment Application
Outcome
Application dismissed
Legal Topics
Assignment of Causes of Action, Negligence, Breach of Contract, Damages, Professional Duty of Care
Contract Law Tort Law Assignment of Causes of Action Negligence Breach of Contract Damages Professional Duty of Care

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Parties

Landfast (Anglia) Limited

Claimant

Cameron Taylor One Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant can recover losses assigned from Landfast despite the loss being suffered by Anglia
  2. 2 Whether the claim for diminution in value is sustainable given the timing of the alleged breach
  3. 3 Whether the claimed financing and associated costs are recoverable or excessive

Ratio Decidendi

The application for summary judgment was dismissed because the claims, though arguably weak or excessive, were sufficiently arguable to warrant determination at trial, and the assignment of the cause of action allowed Anglia to claim losses suffered by it.

Court Disposition

Application dismissed

Orders

  • Application for summary judgment is dismissed
  • No judgment entered against the claimant on any head of loss