Dennard & Ors v Pricewaterhousecoopers LLP

Dennard & Ors v Pricewaterhousecoopers LLP

The judge's findings of fact regarding the likelihood of sale at £5.5 million and the assessment of damages on a loss of a 75% chance were within the range of permissible conclusions on the evidence. The discount for equity-only sale was justified, and the limitation clause only became relevant if damages exceeded...

Source-derived case information.

Parties
Appellants: Dennard & Others; Respondent: PricewaterhouseCoopers LLP
Jurisdiction
England and Wales
Judgment Date
15 December 2010
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Valuation Negligence, Limitation of Liability, Conflict of Interest, Damages Assessment, Loss of Chance
Contract Law Professional Negligence Valuation Negligence Limitation of Liability Conflict of Interest Damages Assessment Loss of Chance

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Parties

Dennard & Others

Appellants

PricewaterhouseCoopers LLP

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in finding the sale would have proceeded at £5.5 million if a competent valuation had been provided
  2. 2 Whether the judge erred in discounting the valuation for equity-only sale
  3. 3 Whether the assessment of damages on a loss of chance basis was correct

Ratio Decidendi

The judge's findings of fact regarding the likelihood of sale at £5.5 million and the assessment of damages on a loss of a 75% chance were within the range of permissible conclusions on the evidence. The discount for equity-only sale was justified, and the limitation clause only became relevant if damages exceeded £1 million, which they did not. There was no real prospect of success on any ground of appeal.

Court Disposition

Permission to appeal refused