Vision Golf Ltd v Weightmans (a firm)

Vision Golf Ltd v Weightmans (a firm)

The proper measure of damages is the value of the GA lease as an apportioned part of the value of the two leases together, with vacant possession, as at June 2000, less agreed deductions and plus agreed additions. The presence of Mr Middleton and lack of trading information do not justify a nominal valuation. The claimant is entitled to be compensated for the loss of a lease with a legal right to vacant possession, and the value is to be determined by reference to comparable transactions, not speculative or depressed market value due to temporary difficulties.

Parties
Claimant: Vision Golf Limited; Defendant: Weightmans (a Firm)
Jurisdiction
England and Wales
Judgment Date
21 July 2006
Procedural Posture
Civil Professional Negligence / Assessment of Damages After Judgment on Liability
Outcome
Damages assessed in favour of the claimant (Vision Golf Limited) against the defendant (Weightmans).
Legal Topics
Damages Assessment, Solicitor's Duty of Care, Relief From Forfeiture, Lease Valuation
Professional Negligence Contract Law Damages Assessment Solicitor's Duty of Care Relief From Forfeiture Lease Valuation

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Parties

Vision Golf Limited

Claimant

Weightmans (a Firm)

Defendant

Procedural Posture

Civil Professional Negligence / Assessment of Damages After Judgment on Liability

Legal Issues

  1. 1 What is the appropriate measure of damages for the loss of a valuable lease due to solicitors' admitted negligence?
  2. 2 How should the value of the lost lease be assessed in the absence of trading information?
  3. 3 Should damages be reduced due to practical difficulties in regaining possession or the presence of a de facto occupier?

Ratio Decidendi

The proper measure of damages is the value of the GA lease as an apportioned part of the value of the two leases together, with vacant possession, as at June 2000, less agreed deductions and plus agreed additions. The presence of Mr Middleton and lack of trading information do not justify a nominal valuation. The claimant is entitled to be compensated for the loss of a lease with a legal right to vacant possession, and the value is to be determined by reference to comparable transactions, not speculative or depressed market value due to temporary difficulties.

Court Disposition

Damages assessed in favour of the claimant (Vision Golf Limited) against the defendant (Weightmans).

Orders

  • Damages awarded in the sum of £333,379.13 plus simple interest at 6.25% per annum from 1 July 2000 under section 35A of the Supreme Court Act 1981.
  • The parties to check the calculation of interest.