Hart & Anor v Large & Ors

Hart & Anor v Large & Ors

Anonymity refused as not strictly justified; interest awarded only on net damages (£374,000) at 4.5% from 23 November 2011 to 22 May 2020; claimants awarded 85% of costs on standard basis due to partial success and unnecessary expenditure; permission to appeal granted only on valuation of damages; interim payment of £67,500 ordered; stay granted pending further evidence.

Parties
Claimant: Mr Chris Hart; Claimant: Mrs Kerry Hart; Defendant: Mr Richard Large; Defendant: Michelmores LLP; Defendant: Harrison Sutton Partnership
Jurisdiction
England and Wales
Judgment Date
22 May 2020
Procedural Posture
Civil / Post Trial Consequential Judgment
Outcome
Judgment for claimants with consequential orders.
Legal Topics
Anonymity, Interest on Damages, Costs, Permission to Appeal, Stay of Execution
Professional Negligence Civil Procedure Damages Anonymity Interest on Damages Costs Permission to Appeal Stay of Execution

Case Brief

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Parties

Mr Chris Hart

Claimant

Mrs Kerry Hart

Claimant

Mr Richard Large

Defendant

Michelmores LLP

Defendant

Harrison Sutton Partnership

Defendant

Procedural Posture

Civil / Post Trial Consequential Judgment

Legal Issues

  1. 1 Whether anonymity should be granted to the claimants
  2. 2 Calculation of interest on damages
  3. 3 Appropriate rate and period for interest

Ratio Decidendi

Anonymity refused as not strictly justified; interest awarded only on net damages (£374,000) at 4.5% from 23 November 2011 to 22 May 2020; claimants awarded 85% of costs on standard basis due to partial success and unnecessary expenditure; permission to appeal granted only on valuation of damages; interim payment of £67,500 ordered; stay granted pending further evidence.

Court Disposition

Judgment for claimants with consequential orders.

Orders

  • Anonymity request refused except for property address omission.
  • Interest awarded on £374,000 at 4.5% simple from 23 November 2011 to 22 May 2020.