Woodlands Oak Ltd v Conwell & Anor

Woodlands Oak Ltd v Conwell & Anor

The Recorder erred in not awarding the contractual 5% uplift on costs, as both parties pleaded and agreed to this term. There was no appearance of bias from the Recorder's provisional findings, as submissions were subsequently entertained. The Conwells failed to mitigate their loss regarding snagging items by not allowing Woodlands Oak to rectify, and the Recorder was correct to deny damages for these. The amendment to include £13,000 for alternative accommodation was proper as it was agreed by experts and necessary for remedial works. Interest was properly awarded on the counterclaim as the loss was incurred at the date of completion.

Parties
Appellant: Woodlands Oak Limited; Respondents: Mr and Mrs Conwell
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Mitigation of Loss, Damages, Interest on Judgments, Procedural Fairness, Oral Contracts
Contract Law Construction Law Mitigation of Loss Damages Interest on Judgments Procedural Fairness Oral Contracts

Case Brief

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Parties

Woodlands Oak Limited

Appellant

Mr and Mrs Conwell

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Recorder's indication of provisional findings during trial created an appearance of bias
  2. 2 Whether the contract included a price cap of £200,000
  3. 3 Whether the Conwells failed to mitigate their loss by not allowing Woodlands Oak to rectify defects

Ratio Decidendi

The Recorder erred in not awarding the contractual 5% uplift on costs, as both parties pleaded and agreed to this term. There was no appearance of bias from the Recorder's provisional findings, as submissions were subsequently entertained. The Conwells failed to mitigate their loss regarding snagging items by not allowing Woodlands Oak to rectify, and the Recorder was correct to deny damages for these. The amendment to include £13,000 for alternative accommodation was proper as it was agreed by experts and necessary for remedial works. Interest was properly awarded on the counterclaim as the loss was incurred at the date of completion.

Court Disposition

Appeal allowed in part

Orders

  • Recorder's judgment varied to award Woodlands Oak costs plus 5% instead of 1%
  • Other grounds of appeal dismissed