Johnson v Gore Wood & Co [2004] EWCA Civ 14 (27 January 2004)

Johnson v Gore Wood & Co [2004] EWCA Civ 14 (27 January 2004)

Damages by way of interest should run up to a date three months after the judgment (17 March 2004) to compensate for actual loss, not cut off at the date of payment in. The court has jurisdiction to award damages by reference to a date after the order. The costs order at trial is varied: Mr Johnson is entitled to his costs up to 24 August 2001, and is to pay only 50% of Gore Wood's costs thereafter, as it would be unjust for him to bear all costs given the conduct of the respondents and the issues contested.

Citation
[2004] EWCA Civ 14
Parties
Appellant: William John Henry Johnson; Respondents: Gore Wood & Co
Jurisdiction
England and Wales
Judgment Date
27 January 2004
Procedural Posture
Appeal / Judgment on Appeal From High Court, Queen's Bench Division
Outcome
Appeal allowed in part; costs order varied; damages to be assessed as directed.
Legal Topics
Contractual Interest, Damages Assessment, Costs Orders, CPR Part 36, Duty of Care
Civil Procedure Professional Negligence Contractual Interest Damages Assessment Costs Orders CPR Part 36 Duty of Care

Case Brief

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Parties

William John Henry Johnson

Appellant

Gore Wood & Co

Respondents

Procedural Posture

Appeal / Judgment on Appeal From High Court, Queen's Bench Division

Legal Issues

  1. 1 Whether contractual interest on damages should be cut off at the date of payment into court or run to a later date
  2. 2 Whether the costs order at trial should be varied in light of the appellant's partial success on appeal
  3. 3 Treatment of investments and borrowings in damages calculation

Ratio Decidendi

Damages by way of interest should run up to a date three months after the judgment (17 March 2004) to compensate for actual loss, not cut off at the date of payment in. The court has jurisdiction to award damages by reference to a date after the order. The costs order at trial is varied: Mr Johnson is entitled to his costs up to 24 August 2001, and is to pay only 50% of Gore Wood's costs thereafter, as it would be unjust for him to bear all costs given the conduct of the respondents and the issues contested.

Court Disposition

Appeal allowed in part; costs order varied; damages to be assessed as directed.

Orders

  • Damages by way of interest to run up to 17 March 2004.
  • Mr Johnson to have his costs up to 24 August 2001.