HT-2019-CDF-000012 - [2025] EWHC 1315 (TCC)

Paragraph 45 of the Schedule of Loss defines “Re-investment Loss” to mean “the difference in performance, between the dates of acquisition and the dates of disposal, of the Flats as an investment as compared with an average return on an investment in residential property classed as suitable for secured lending on ordinary market terms within the Greater London area.”

In my judgment, this, again, is unrecoverable as a head of loss for reasons already given. 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.