The plaintiffs were unable to prove that they had paid for repair carried out to their building and rendered necessary by the defendants’ negligence.
Held: After referring to the general principle that a plaintiff who seeks to recover damages must prove that he has suffered loss: ‘but if property belonging to him has been damaged to an extent which is proved and the court is satisfied that the property has been or will be repaired I do not consider that the court is further concerned with the question whether the owner has had to pay for repairs out of his own pocket or whether the funds have come from some other source.’
Judges:
Neill LJ
Citations:
[1986] 1 WLR 1141
Jurisdiction:
England and Wales
Cited by:
Cited – Alfred Mcalpine Construction Limited v Panatown Limited HL 17-Feb-2000
A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue . .
Lists of cited by and citing cases may be incomplete.
Construction, Damages
Updated: 11 June 2022; Ref: scu.218909