Case No. HT-11-503

175.For the same reason as the doors are not recoverable against the defendants, neither are these cubicles. The cubicles were removed following the first inundation and were not therefore damaged by the second inundation. Secondly, the cost of the new cubicles was apparently claimed because, although the cubicles were stored, they were somehow damaged or warped and became unusable. That claim is too remote and/or irrecoverable in law. If cubicles were stored awaiting their reinstallation, then it was not reasonably foreseeable that such cubicles would not be stored properly and/or would be stored in such a way as to allow them to become warped and therefore useless. Put another way, Brit Inns’ failure to store the cubicles properly broke any relevant chain of causation. 176.I also note in connection with these two items that Mr Woodall appeared to accept in cross-examination both that these items related to the first inundation and that they were easy to remove. I considered that his evidence amounted to a concession that these two items were bound to fail. iv)