Andrew Bartlett KC and Robert Stokell successfully resist Eden Park appeal
On 5 July 2012 the Court of Appeal dismissed the appeal in Harrison v Shepherd Homes Ltd [2012] EWCA Civ 904.
94 houses on the Eden Park estate in Hartlepool were built on defectively designed piled foundations. In July 2011 Ramsey J gave judgment in favour of the homeowners in 10 lead cases: [2011] EWHC 1811 (TCC). On appeal, Shepherd challenged the quantum of the awards of damages on a number of points. Of particular interest, they contended that the Judge was wrong to award the homeowners the cost of future remedial works in addition to the diminution in value. The Court dismissed the appeal on all points. The Judge was clearly aware that he must not allow “double recovery”, and he was entitled in the particular circumstances to award damages for further necessary remedial works as well as for diminution in value.
The Judgment is available here.
