COURT OF APPEAL REFUSES TO INTERFERE IN ASSESSMENT OF DAMAGES FOR INCONVENIENCE

Boynton v Willers [2003] EWCA Civ 904, (unreported, 3 July 2003)

The Court of Appeal in Boynton v Willers [2003] EWCA Civ 904, (unreported, 3 July 2003), refused to interfere with an award of damages of £500 in respect of the inconvenience suffered by home owners as a result of a breach of contract by a builder carrying out building work in their home. While Lord Justice Potter was of the opinion that the trial judge could have been more generous in his assessment of damages, he concluded that the court did not have sufficient material to interfere with the judge’s award in a case where his view of the credibility of those advancing the claim was generally adverse.