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dilapidations – more guidance on the cap on damages

21 May 2013

Hammersmatch v Saint-Gobain [2013] EWHC 1161 is worthy of a read.

The court’s analysis of the s.18 cap and the weight it put on the parties’ valuation experts forms the biggest part of the judgment for good reason – the landlord’s original cost of works claim of £5 million was limited by the cap to £900k. Given that reduction, it would be interesting to know how the landlord’s litigation costs were assessed.

There is also a cautionary reminder that emails between a client and its non-legal advisor can be disclosed in legal proceedings. Here the court took them into account when considering whether the landlord actually intended to undertake the works.

For more insight see our dilapidations training video on our dedicated retail law website.

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