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25 November 2010 / James Davies
Issue: 7443 / Categories: Features , Property
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For better or worse?

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James Davies reflects on the legal principles & practical appeal of betterment

A frequent cry which is raised when something new is sought to replace something old which has been damaged is “betterment”—in other words that there should be a deduction to take account of the fact that the claimant receives something new. There is an inherent practical appeal in the idea that there should be some adjustment to take account of the fact that the claimant has something newer than that which they have lost. It is an issue that arises both in claims based in contract and in tort and the same principles apply to both.

In the Court of Appeal case of Harbutt’s Plasticine v Wayne Tank & Pump Co Ltd [1970] 1 QB 447 a factory burnt down as a consequence of the negligence of the defendant’s staff. A replacement factory was built. The question arose whether or not the claim should be limited to the value of the old factory or whether the full cost of rebuilding

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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