header-logo header-logo

18 July 2014
Issue: 7615 / Categories: Case law , Law digest , In Court
printer mail-detail

Damages

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd and another [2014] EWHC 2178 (QB), [2014] All ER (D) 60 (Jul)

When assessing damages for breach of contract by reference to the value of a company or other property at the date of breach, whose value depended upon a future contingency, account could be taken of what was subsequently known about the outcome of the contingency as a result of events subsequent to the valuation date where that was necessary in order to give effect to the compensatory principle. In an appropriate case, the valuation could be made with the benefit of hindsight, taking account of what was known of the outcome of the contingency at the time that the assessment fell to be made by the court. That was so not merely as a cross check against the reasonableness of prospective forecasting. It was so whatever view might prospectively be taken at the breach date of the outcome of the contingency. There were two qualifications however. The first was that it could only be justified where it was necessary

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll