![CA-2025-001477 - [2025] EWCA Civ 1360](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
The Argument Advanced Now
The Argument Advanced Now
At the appeal hearing, no specific arguments were addressed as to how or why any of these six separate reasons for striking out the claim might be wrong. Mr Butler suggested that, at most, Disputed Head 5 was again a facet of the diminution in value claim; at one point this was characterised by the Court as “a reminder to a valuer” a phrase which Mr Butler later borrowed. One general submission that was made was that the judge should have waited for the trial to decide whether or not this head of loss was too remote.
- Heading
- LORD JUSTICE COULSON
- 2.The Background Facts
- The Pleaded Case
- The Wilsons’ Schedule of Loss
- The Judgment
- The Applicable Principles
- The Seven Disputed Heads of Loss: General
- Disputed Head 1: Total Capital Losses The Pleaded Claim
- The Judgment
- The Argument Advanced Now
- Discussion and Conclusion
- Disputed Head 2: Investment Loss The Pleaded Claim
- The Judgment
- The Argument Advanced Now
- Conclusion
- Disputed Head 3: Re-Investment Loss The Pleaded Claim
- The Judgment
- The Argument Advanced Now
- Conclusion
- Disputed Head 4: Rental Income Loss The Pleaded Case
- The Judgment
- Discussion and Conclusion
- Disputed Head 5: Secured Borrowing Loss The Pleaded Claim
- The Judgment
- The Argument Advanced Now
- 4 Conclusion
- Disputed Head 6: Indemnity
- Disputed Head 7: Taxation/ IHT 1 The Pleaded Claim
- The Judgment
- The Argument Advanced Now
- Conclusion
- Conclusions