Harrison & Ors v Shepherd Homes Ltd & Ors

Harrison & Ors v Shepherd Homes Ltd & Ors

The judge was entitled to assess damages based on diminution in value, using a gradated approach to mortgageability, and to award additional damages for future remedial works without double recovery. Refusal to admit further expert evidence was within case management discretion.

Parties
Respondent: Harrison & Ors; Appellant: Shepherd Homes Ltd & Ors
Jurisdiction
England and Wales
Judgment Date
05 July 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Measure of Damages, Negligence, Defective Premises, Diminution in Value, Remedial Works, Mortgageability
Tort Contract Property Measure of Damages Negligence Defective Premises Diminution in Value Remedial Works +1 more

Case Brief

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Parties

Harrison & Ors

Respondent

Shepherd Homes Ltd & Ors

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Proper measure of damages for defective piling in residential properties
  2. 2 Appropriate valuation method for diminution in value
  3. 3 Entitlement to damages for future remedial works

Ratio Decidendi

The judge was entitled to assess damages based on diminution in value, using a gradated approach to mortgageability, and to award additional damages for future remedial works without double recovery. Refusal to admit further expert evidence was within case management discretion.

Court Disposition

Appeal dismissed

Orders

  • Appeal by Shepherd Homes Ltd & Ors dismissed
  • Judgment and orders of Ramsey J affirmed