The defendants were liable after a flood invaded and damaged the plaintiff’s premises. Having been advised professionally that the waterproofing system in the property would need replacing, the plaintiffs so replaced it but, it turned out, unnecessarily. It was held that despite acting on advice that element of damage had not been suffered and the cost could not be recovered. The assumption had been incorrect.
Citations:
Times 02-Sep-1999, [1999] EWCA Civ 1985
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Richardson v Redpath Brown and Co Ltd HL 1944
Viscount Simon LC discussed the role and status of medical assessors, saying: ‘But to treat a medical assessor, or indeed any assessor, as though he were an unsworn witness in the special confidence of the judge, whose testimony cannot be challenged . .
Appeal from – Skandia Property (Uk) Limited Vala Properties Bv v Thames Water Utilities Limited 1997
The burden of proof in establishing betterment to reduce a damages award is on the defendant. . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 31 May 2022; Ref: scu.146900