CA-2025-001477 - [2025] EWCA Civ 1360

The Judgment

The judge concluded as [26] that this item was, again, unrecoverable as a head of loss. He said that that was for the reasons he had already given. He went on to say:

“26 …All manner of investments might perhaps have produced better rates of return than did flats in the Development. Mr and Mrs Wilson chose to buy the flats. They are in principle entitled to claim for the losses resulting from the defects but not to claim for the possible profits from a road not taken.”