header-logo header-logo

25 November 2010 / James Davies
Issue: 7443 / Categories: Features , Property
printer mail-detail

For better or worse?

new_image_22_4

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
back-to-top-scroll