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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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