0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

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.

related opinions

H&M - fighting the two tier retail market and daring to push for better clarity on turnover rents

H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.

View blog

IR35 changes - six months and counting...

In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.

View blog

Retail: a tale of two markets

Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.

View blog

Court of Appeal confirms all employment tribunal judgments must be published on the register, except in national security cases

Under the ET Rules, all judgments and accompanying written reasons must be published on a pubic register which the general public can access online.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up