DAMAGES AWARD SHOULD HAVE TAKEN ACCOUNT OF SAVINGS MADE

Re-Source America International Ltd v Platt Site Services Ltd [2005] EWCA Civ 97 (unreported, 8 February 2005)

In Re-Source America International Ltd v Platt Site Services Ltd [2005] EWCA Civ 97 (unreported, 8 February 2005), the Court of Appeal held that the claimant was entitled to recover from the defendant the cost of purchasing new replacement spools but that the defendant was entitled to be given credit for the saving which the claimant had made in not having to pay the cost of refurbishing the used spools which had been destroyed. In so concluding the Court of Appeal allowed an appeal from the decision of Judge Thornton QC who had decided that no allowance should be made for the saved refurbishment costs.