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Conclusions
CONCLUSIONS
In the light of my findings I answer the issues as follows:
To what damages are Abbey entitled to for?
Claim A1 loss of trading profits.
£4,260,000.
Claim A2 abortive legal costs and disbursements for the aborted sale to BlackRock.
£12,000.
Claim A3 overdraft charges.
none.
What damages are Toppan entitled to for?
Claim T3 loss of sale of the care home.
- none.
Claim T4 abortive legal costs and disbursements for the aborted sale to BlackRock.
£12,000.
Claim T5 increased interest changes charged by Toppan’s lenders and investment losses on what would have been the proceeds of the abortive sale.
none
Claim T6 interest charges.
£38,878.25.
Was Simply in breach of duty in failing to comply with clause 6.13A of the Building Contract?
Yes.
To what interest is Abbey and Toppan entitled to – 4% per annum simple interest from the dates these losses were incurred to be agreed by the parties’ independent accountancy experts
MARTIN BOWDERY KC
(sitting as a Deputy High Court Judge)
- Heading
- This judgment was handed down by the court remotely by circulation to the parties’ representatives by email and released to The National Archives. The date and time for hand-down is deemed to be 4 Jul
- THE CLAIMS
- H WAS THE DEFENDANT IN BREACH OF DUTY IN FAILING TO COMPLY WITH CLAUSE 6.13A OF THE BUILDING CONTRACT AS TO NOTIFICATION TO ITS INSURER(S) IMMEDIATELY UPON RECEIPT OF THE CLAIMS ON 15 JANUARY 2019 OR
- INTRODUCTION
- LEGAL PROCEEDINGS
- THE REMAINING ISSUES
- Liability Issue
- WITNESSES
- FACTUAL HISTORY
- Findings of Fact
- THE EXPERT EVIDENCE
- THE CLAIMS
- Alternative 2
- WAS THE DEFENDANT IN BREACH OF DUTY IN FAILING TO COMPLY WITH CLAUSE 6.13A OF THE BUILDING CONTRACT AS TO NOTIFICATION TO ITS INSURER(S) IMMEDIATELY UPON RECEIPT OF THE CLAIMS ON 15 JANUARY 2019 OR TH
- INTEREST
- Conclusions