DAMAGES FOR LOSS OF USE OF PROPERTY

Bella Casa Ltd v Vinestone Ltd [2005] EWHC 2807 (TCC); [2005] All ER (D) 163 (Dec), 9 December 2005

In Bella Casa Ltd v Vinestone Ltd [2005] EWHC 2807 (TCC); [2005] All ER (D) 163 (Dec),9 December 2005 Judge Peter Coulson QC considered the nature of a claim to recover damages for loss of use of a property in a building case. He held that the claims for the service charge and the claim to recover utility charges were not irrecoverable in principle but that the (substantial) claim for general damages, calculated by reference to interest on the balance of the purchase price of the property for the period for which the claimant was unable to inhabit the property,, was contrary to the usual approach in building/property cases and was invalid and contrary to principle.