Sections 4.2
and 4.3 above). No other claims are allowed. These conclusions demonstrate the exaggerated nature of both the original claim and the sum paid to Brit Inns as a result of Mr Greig’s unhappy adjustment.
5. THE SUBROGATED CLAIM FOR LOSS OF PROFIT
5.1 The Parties’ Competing Cases
190.The parties’ cases in relation to loss of profit could not be more different. Brit Inns seek the sum of £240,905 by way of lost profit between 7 March 2007 (the date that it is said The Oak would have reopened following the first inundation) to 16 November 2008 (the date when the effect on the turnover of the third incident was, on Mrs Rawlin’s analysis, complete). That was the sum paid out by the insurers to Brit Inns. Until Day 4 of the trial, when the claim was abandoned, Mr Barber and Mrs Lawless were also making a separate uninsured claim for loss of profits, covering the period from January 2009 to December 2010, in the sum of £194,000. 191.As presented by Brit Inns, the claim for loss of profit had three essential features. First it assumed that the business of The Oak, immediately it started trading, would have been profitable. Secondly, it assumed that all of the alleged loss of profit was referable back to the second inundation. And thirdly, the figures underpinning the claim came, not from the actual figures generated by the business of The Oak when it started trading in October 2007, but from extrapolated figures based on a completely different business, The King’s Head, situated in another location on Teddington High Street. 192.On behalf of the defendants, it was said that the only relevant figures were those actually generated by the business of The Oak once it started trading in October 2007. Mr Isaac, their expert accountant, argued that, whichever figures were taken, it could be shown that The Oak was never going to be a profitable business. In addition, the defendants say that The King’s Head was a very different business and a wholly unreliable comparator.193.I identify and decide such points of principle as arise in relation to this claim for loss of profit in
- 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
