Pennington v De Wan

Pennington v De Wan

The defendant, as gratuitous bailee, failed to discharge the burden of proving the damage did not occur through his fault; the court preferred the claimant's evidence and found the defendant liable for the difference in value and repair costs.

Parties
Claimant: Catherine Anne Pennington; Defendant: Justin Mose De Wan
Jurisdiction
England and Wales
Judgment Date
05 January 2017
Procedural Posture
Civil / Assessment of Damages After Default Judgment and Variation
Outcome
judgment for claimant on assessment of damages
Legal Topics
Bailment, Negligence, Assessment of Damages, Burden of Proof
Tort Contract Bailment Negligence Assessment of Damages Burden of Proof

Case Brief

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Parties

Catherine Anne Pennington

Claimant

Justin Mose De Wan

Defendant

Procedural Posture

Civil / Assessment of Damages After Default Judgment and Variation

Legal Issues

  1. 1 Whether the defendant as gratuitous bailee is liable for damage to the claimant's car during bailment
  2. 2 Assessment of damages for loss in value and repair costs

Ratio Decidendi

The defendant, as gratuitous bailee, failed to discharge the burden of proving the damage did not occur through his fault; the court preferred the claimant's evidence and found the defendant liable for the difference in value and repair costs.

Court Disposition

judgment for claimant on assessment of damages

Orders

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