Johnson v Gore Wood & Co

Johnson v Gore Wood & Co

Damages by way of interest should run up to three months after judgment to compensate for actual loss, not just to the date of payment in. The court has jurisdiction to award damages by reference to a date after its order. It would be unjust for Mr Johnson to pay all of Gore Wood’s costs after the 24 August 2001 payment in; he is to pay only 50% of those costs. Investments by way of underwriting AdFocus liabilities are to be treated as cash injections if commitments were entered into before 1 December 1989. The cost of the Bullivant loan should not be set against damages for CPV or AdFocus investments.

Parties
Appellant: William John Henry Johnson; Respondents: Gore Wood & Co
Jurisdiction
England and Wales
Judgment Date
27 January 2004
Procedural Posture
Civil Appeal / Appeal Judgment From High Court (queen’s Bench Division)
Outcome
Appeal allowed in part; costs order varied
Legal Topics
Contractual Interest, Damages Assessment, Costs Orders, Part 36 Offers, Duty of Care
Civil Procedure Professional Negligence Contractual Interest Damages Assessment Costs Orders Part 36 Offers Duty of Care

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Parties

William John Henry Johnson

Appellant

Gore Wood & Co

Respondents

Procedural Posture

Civil Appeal / Appeal Judgment From High Court (queen’s Bench Division)

Legal Issues

  1. 1 Cut-off date for contractual interest under CPR 36.19
  2. 2 Appropriate assessment date for damages
  3. 3 Costs consequences of failing to beat a Part 36 payment

Ratio Decidendi

Damages by way of interest should run up to three months after judgment to compensate for actual loss, not just to the date of payment in. The court has jurisdiction to award damages by reference to a date after its order. It would be unjust for Mr Johnson to pay all of Gore Wood’s costs after the 24 August 2001 payment in; he is to pay only 50% of those costs. Investments by way of underwriting AdFocus liabilities are to be treated as cash injections if commitments were entered into before 1 December 1989. The cost of the Bullivant loan should not be set against damages for CPV or AdFocus investments.

Court Disposition

Appeal allowed in part; costs order varied

Orders

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