John Grimes Partnership Ltd v Gubbins

John Grimes Partnership Ltd v Gubbins

Losses arising from a decline in property market value due to delayed completion caused by breach of contract are not too remote and are recoverable, as they were reasonably foreseeable at the time of contract and there is no evidence of a contrary commercial understanding.

Source-derived case information.

Parties
Appellant: John Grimes Partnership Limited; Respondent: Gubbins
Jurisdiction
England and Wales
Judgment Date
05 February 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Remoteness of Damage, Breach of Contract, Damages Assessment
Contract Law Remoteness of Damage Breach of Contract Damages Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Grimes Partnership Limited

Appellant

Gubbins

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether damages for diminution in market value due to delayed completion caused by breach of contract are too remote to be recoverable

Ratio Decidendi

Losses arising from a decline in property market value due to delayed completion caused by breach of contract are not too remote and are recoverable, as they were reasonably foreseeable at the time of contract and there is no evidence of a contrary commercial understanding.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed. The judge's finding that the appellant is liable for losses arising from the decline in property market value stands.