i-law

Litigation Letter

Asssesing damages for negligence

Nahome and another v Last Cawthra Feather Solicitors [2010] EWHC 76 (Ch), [2010] All ER (D) 162 (May); NLJ 28 May p766

The solicitors admitted liability for breach of obligation, in relation to renewal of a lease of business premises. The claimant sought about £1.8m based substantially on the contention that the business which had previously been a retail jewellers turning over £50,000 a year and minimally profitable, would have been developed into a highly successful and lucrative largely internet-based business. The defendant contended the correct measure of loss was the value of the lease and retail business which had been lost (about £28,000) plus some relatively small costs arising from closure of his shop, and that the anticipated profits of the business were not recoverable.

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