Pizza Hut & Ors v Cranbrook & Anor

Pizza Hut & Ors v Cranbrook & Anor

Defendant is liable for full damages claimed by claimants, including property damage, business interruption, and refurbishment costs, as claims are supported by evidence and no challenge or negligence is alleged regarding scope of works; interest awarded from date of first payment at judgment rate.

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 / Judgment on Quantum
Outcome
judgment for claimants
Legal Topics
Negligence, Damages Assessment, Business Interruption, Property Damage, Recoverability of Repair Costs
Tort Construction Law Negligence Damages Assessment Business Interruption Property Damage Recoverability of Repair Costs

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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 / Judgment on Quantum

Legal Issues

  1. 1 liability for fire damage caused by subcontractor
  2. 2 assessment of damages for property and business interruption
  3. 3 recoverability of refurbishment and reinstatement costs

Ratio Decidendi

Defendant is liable for full damages claimed by claimants, including property damage, business interruption, and refurbishment costs, as claims are supported by evidence and no challenge or negligence is alleged regarding scope of works; interest awarded from date of first payment at judgment rate.

Court Disposition

judgment for claimants

Orders

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