Glen Haysman v Mrs Rogers Films Ltd

Glen Haysman v Mrs Rogers Films Ltd

The claimant is entitled to recover the VAT-inclusive cost of repairs, damages for non-pecuniary loss due to inconvenience and distress, and loss of earnings for a reasonable period spent dealing with the damage. No deduction for betterment is appropriate as the repairs restore the property to its prior condition....

Source-derived case information.

Parties
Claimant: Glen Haysman; Defendant: Mrs Rogers Films Ltd
Jurisdiction
England and Wales
Judgment Date
28 October 2008
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Damages, Breach of Contract, Non Pecuniary Loss, Loss of Earnings, Betterment, Mitigation of Loss
Contract Law Tort Law Damages Breach of Contract Non Pecuniary Loss Loss of Earnings Betterment Mitigation of Loss

Source-derived case record

Summary, issues, holding and outcome

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Parties

Glen Haysman

Claimant

Mrs Rogers Films Ltd

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant is entitled to damages for breach of a film location agreement, including for property damage, non-pecuniary loss, loss of earnings, security costs, and loss of a chance.

Ratio Decidendi

The claimant is entitled to recover the VAT-inclusive cost of repairs, damages for non-pecuniary loss due to inconvenience and distress, and loss of earnings for a reasonable period spent dealing with the damage. No deduction for betterment is appropriate as the repairs restore the property to its prior condition. The claims for security costs and loss of a chance are rejected as not foreseeable or causally linked to the breach.

Court Disposition

Claim allowed in part

Orders

  • Judgment for the claimant in the sum of £78,941.70 exclusive of interest.