Pizza Hut & Ors v Cranbrook & Anor [2005] EWHC 2785 (TCC) (27 October 2005)

Pizza Hut & Ors v Cranbrook & Anor [2005] EWHC 2785 (TCC) (27 October 2005)

Where a defendant is liable for fire damage caused by negligent subcontracted works, and the claimants' losses are substantiated and unchallenged, full damages including property, business interruption, and refurbishment costs are recoverable, subject to deduction of prior settlements and interest calculated from...

Source-derived case information.

Citation
[2005] EWHC 2785 (TCC)
Parties
Claimant: Pizza Hut (UK) Limited; Claimant: Alliance & Leicester Plc; Claimant: British Land Universal Plc; Defendant: Cranbrook; Defendant: Mr Varnham
Jurisdiction
England and Wales
Judgment Date
27 October 2005
Procedural Posture
Civil / Trial on Quantum
Outcome
judgment for claimants
Legal Topics
Negligence, Damages Assessment, Business Interruption, Property Damage, Recoverability of Repair Costs
Tort Construction Law Insurance Law Negligence Damages Assessment Business Interruption Property Damage Recoverability of Repair Costs

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Summary, issues, holding and outcome

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Parties

Pizza Hut (UK) Limited

Claimant

Alliance & Leicester Plc

Claimant

British Land Universal Plc

Claimant

Cranbrook

Defendant

Mr Varnham

Defendant

Procedural Posture

Civil / Trial on Quantum

Legal Issues

  1. 1 Extent of liability for fire damage caused by subcontractor
  2. 2 Assessment of damages for property and business interruption
  3. 3 Recoverability of repair and refurbishment costs

Ratio Decidendi

Where a defendant is liable for fire damage caused by negligent subcontracted works, and the claimants' losses are substantiated and unchallenged, full damages including property, business interruption, and refurbishment costs are recoverable, subject to deduction of prior settlements and interest calculated from the date of first payment.

Court Disposition

judgment for claimants

Orders

  • Judgment against Mr Varnham in favour of Pizza Hut (UK) Limited for £1,809,860.70 including interest.
  • Judgment against Mr Varnham in favour of Alliance & Leicester Plc for £1,082,836.30 including interest.