The appellants challenged a finding that they were liable for their builders’ bill.
Held: Work which had been rejected had not in fact been charged for. The defendant’s appeal on that point failed. The measure of damages for distress and inconvenience could not be said to be wrong. Ezekiel’s case was far more serious. The judge was entitled also to incorporate a set-off of the competing claims and to award costs on an overall basis as an exercise of his discretion. Appeal dismissed.
Judges:
Lord Justice Chadwick Lord Justice Potter Mr Justice Cresswell
Citations:
[2003] EWCA Civ 904
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Watts and Co v Morrow CA 30-Jul-1991
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his . .
Distinguished – Ezekiel v McDade CA 1995
As a result of the negligence of their builders, the plaintiffs were rendered homeless persons living in single room council accommodation for a long period. The builder appealed an award of andpound;6,000.
Held: The award should be reduced to . .
Cited – Hanak v Green CA 1958
A builder was sued for his failure to complete the works he had contracted for. The buider sought a set-off against that claim of three of his one claims. One, under the contract, was for losses from the defendant’s refusal to allow his workmen . .
Lists of cited by and citing cases may be incomplete.
Construction
Updated: 07 June 2022; Ref: scu.184223