Case No. HT-11-503
Technology and Construction Court

Case No. HT-11-503

Fecha: 31-Jul-2012

Ashcroft v Curtin

[1971] 1 WLR 1731, the Court of Appeal stressed that, whatever the concerns about imprecision, common sense demands an assessment of damage, even if such an assessment cannot be arrived at with mathematical precision. 58.But everything ultimately turns on the facts of the particular case. There may come a point at which the court may conclude that the evidence as to what was done and what was paid for was so vague and unsatisfactory; that so many of the individual claims made for work done have been shown, on investigation, to have nothing whatsoever to do with the breaches by the defendants; and that the claim was so unreliable from top to bottom, such that a reasonable retrospective valuation of the reinstatement work was the only appropriate basis on which to assess the damages claim. In such a case, the defendant will have demonstrated that, despite the earlier scrutiny, the claimed/actual costs were in fact unreasonable. 3.2 The Problems With Brit Inns’ Claim