The landlord of commercial premises brought a claim in negligence against its solicitors for a notice to terminate the tenancy, which caused the tenant (Citroen) to vacate the premises and become entitled to statutory compensation from the landlord. The court was asked as a preliminary issue with whether the landlord was bound to give credit, against the claim to be recouped for the liability for statutory compensation, for benefits arising from the vacation of the premises by Citroen. The landlord advanced the argument that a benefit of one kind can not be set off against damage of a different kind.
Held: The argument failed. The point was unsupported by any direct authority. Benefits should be taken into account if they ‘relate sufficiently closely to a head of damage as to be appropriate to be set off against that head of damage’
Judges:
Whitford J
Citations:
[1978] 1 WLR 1537
Jurisdiction:
England and Wales
Cited by:
Cited – Fulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain ComC 21-May-2014
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 16 August 2022; Ref: scu.642151
