d) Equipment Failures
227.This can be dealt with shortly. Mr Barber was cross-examined about this alleged reason why the actual figures were not a proper indicator of lost profit. There were no particulars, no invoices, and no details as to what the equipment difficulties might have been. More importantly, Mr Barber was unable to explain how the alleged equipment difficulties in October 2007 (to the extent that there were any) were due to the second inundation (as opposed to inadequate storage etc) and he was therefore unable to explain how the equipment failures meant that the actual turnover/profit figures should be ignored in calculating the loss of profit.
- MR JUSTICE COULSON
- Approved Judgment
- Section 2
- Sections 3
- Sections 5
- Section 7
- Section 8
- a) Materials
- b) Contractors/Labour
- c) Total Figure
- East Ham Corporation v Bernard Sunley & Sons Ltd
- The Maersk Colombo
- Trustees of the Hospital for Sick Children v McLaughlin & Harvey PLC
- McGlinn v Waltham Contractors and Others
- Skandia Property (UK) Ltd v Thames Water Utilities Ltd
- Chaplin v Hicks
- Ashcroft v Curtin
- a) Introduction
- b) No Fixed Scope
- c) Inadequate Invoices
- £12925.00
- d) Wrongly Claimed Invoices
- e) The Absence Of Evidence Of Payment
- f) Absence Of Evidence From The Contractors
- g) Comparison With Original Fit-Out Costs
- h) Summary
- Section 4.4
- £47,654.89
- The Claim
- The Problems With The Claim As Presented
- Mr Thomas’ Valuation
- iv) Modifications To Mr Thomas’ Figures
- £17,500
- c) Electricians
- Modifications to Mr Thomas’ Figures
- £25,750
- d) Painters
- £1,650
- f) Plumbing
- Possible Modifications To Mr Thomas’ Figures
- £7,118
- g) SP Contracts
- The Proper Analysis
- £28,681
- The Problems
- £4,842.50
- i) Manhole and Related Works
- j) Conclusions
- a) Overview
- b) The Experts’ Joint Statement
- c) The Individual Items
- Invoice 1: Temporary Signs £13.08
- Invoices 3, 95, 100, 120, 122, 138, 172, 205, 219, 236, 237 and 259
- Invoices 32 and 36: Storage of Cubicles (£300) and New Cubicles (£5,495.62)
- Invoices 56, 59 and 61
- Invoices 101, 101a and 102
- Invoice 149
- Invoice 177: Urinal and Furniture
- Invoices 221 and 222
- Invoice 232: Reprogramming and Training
- Invoice 248
- Invoice 69: TV Cable and Invoice 310: Soap Dispensers
- Invoices 313 and 332 (Various Glazing)
- d) Conclusions
- Section 4.2
- Section 4.4
- Sections 4.2
- Sections 5.2
- Section 6
- Section 6.2
- Sections 6.2
- Section 6.4
- Section 6.5
- Section 6.6
- Section 6.7
- a) The Issue
- b) Uncertainty of Opening Dates
- c) Staff Issues
- d) Equipment Failures
- e) Smell
- f) Summary
- b) Mr Isaac’s Analysis
- £20,779
- £16,403.24
- Section 7
- £173,871.13