Pennington v De Wan [2017] EWHC 4 (Ch) (05 January 2017)

Pennington v De Wan [2017] EWHC 4 (Ch) (05 January 2017)

The defendant, as gratuitous bailee, failed to discharge the burden of proving the damage was not his fault. The claimant's evidence was preferred. Damages awarded for the difference in value between the car undamaged and damaged, plus repair costs.

Source-derived case information.

Citation
[2017] EWHC 4 (Ch)
Parties
Claimant: Catherine Anne Pennington; Defendant: Justin Mose De Wan
Jurisdiction
England and Wales
Judgment Date
05 January 2017
Procedural Posture
Assessment of Damages Following Default Judgment in Civil Claim / Trial Judgment
Outcome
Judgment for claimant on assessment of damages.
Legal Topics
Bailment, Negligence, Assessment of Damages
Contract Law Tort Law Bailment Negligence Assessment of Damages

Source-derived case record

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Parties

Catherine Anne Pennington

Claimant

Justin Mose De Wan

Defendant

Procedural Posture

Assessment of Damages Following Default Judgment in Civil Claim / Trial Judgment

Legal Issues

  1. 1 Is the defendant liable for damage to the claimant's car while in his custody as a gratuitous bailee?
  2. 2 What is the quantum of damages for the loss in value and repair costs of the car?

Ratio Decidendi

The defendant, as gratuitous bailee, failed to discharge the burden of proving the damage was not his fault. The claimant's evidence was preferred. Damages awarded for the difference in value between the car undamaged and damaged, plus repair costs.

Court Disposition

Judgment for claimant on assessment of damages.

Orders

  • Defendant to pay claimant £8,495 plus interest.