Anselm v Buckle & Anor

Anselm v Buckle & Anor

The Buckles were obliged to carry out all electrical works recommended by an electrician's report, not limited to £500. The limitation on Mr. Anselm's recovery of consequential losses from 1 March 2007 was wrongly imposed, as the mitigation case relied upon by the Buckles was not pleaded or proven. Mr. Anselm failed to establish causation for loss of chance to operate a high-end kitchen business, so that head of claim was dismissed.

Parties
Appellant: Conrad Anselm; Respondent: David Buckle; Respondent: Christine Buckle
Jurisdiction
England and Wales
Judgment Date
18 March 2014
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; limitation on consequential losses removed; electrical works claim allowed; claim for loss of chance in kitchen business dismissed.
Legal Topics
Breach of Contract, Damages, Mitigation, Remoteness of Damage, Landlord and Tenant
Contract Law Property Law Breach of Contract Damages Mitigation Remoteness of Damage Landlord and Tenant

Case Brief

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Parties

Conrad Anselm

Appellant

David Buckle

Respondent

Christine Buckle

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Buckles were obliged to carry out specified works including electrical upgrades under clause 15 of the Agreement
  2. 2 Whether Mr. Anselm failed to mitigate his losses by not carrying out the works himself
  3. 3 Whether consequential losses claimed by Mr. Anselm were too remote

Ratio Decidendi

The Buckles were obliged to carry out all electrical works recommended by an electrician's report, not limited to £500. The limitation on Mr. Anselm's recovery of consequential losses from 1 March 2007 was wrongly imposed, as the mitigation case relied upon by the Buckles was not pleaded or proven. Mr. Anselm failed to establish causation for loss of chance to operate a high-end kitchen business, so that head of claim was dismissed.

Court Disposition

Appeal allowed in part; limitation on consequential losses removed; electrical works claim allowed; claim for loss of chance in kitchen business dismissed.

Orders

  • Buckles liable for full cost of electrical rewiring as recommended by electrician's report
  • Limitation on recovery of consequential losses from 1 March 2007 removed