Saunders v Williams [2002] EWCA Civ 673 (25 April 2002)

Saunders v Williams [2002] EWCA Civ 673 (25 April 2002)

The trial judge erred by focusing solely on foreseeability rather than the defendant's burden to prove failure to mitigate loss. The correct approach is to assess whether the claimant took reasonable steps to mitigate her loss, and in the absence of such proof by the defendant, damages should be awarded for the full period of loss. The appellate court substituted its own assessment, awarding damages for eight years at £1,000 per year.

Citation
[2002] EWCA Civ 673
Parties
Claimant: Anne Saunders; Defendant: Williams
Jurisdiction
England and Wales
Judgment Date
25 April 2002
Procedural Posture
Civil Appeal / Appeal From Bristol County Court (technology and Construction Court)
Outcome
Appeal allowed in part
Legal Topics
Damages, Mitigation of Loss, Jurisdiction, Party Wall, Consequential Loss
Tort Property Law Civil Procedure Damages Mitigation of Loss Jurisdiction Party Wall Consequential Loss

Case Brief

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Parties

Anne Saunders

Claimant

Williams

Defendant

Procedural Posture

Civil Appeal / Appeal From Bristol County Court (technology and Construction Court)

Legal Issues

  1. 1 Whether the trial judge applied the correct legal test for consequential loss and mitigation of damages
  2. 2 Whether the claimant failed to mitigate her loss
  3. 3 Whether the trial judge had jurisdiction to hear the case

Ratio Decidendi

The trial judge erred by focusing solely on foreseeability rather than the defendant's burden to prove failure to mitigate loss. The correct approach is to assess whether the claimant took reasonable steps to mitigate her loss, and in the absence of such proof by the defendant, damages should be awarded for the full period of loss. The appellate court substituted its own assessment, awarding damages for eight years at £1,000 per year.

Court Disposition

Appeal allowed in part

Orders

  • Damages for consequential loss increased from £1,000 to £8,000
  • Costs in the sum of £500 awarded to the claimant