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

Developments overlooking other land are not a nuisance

Developers received welcome confirmation from the Court of Appeal this month that ‘overlooking’ (providing a view into another’s property) does not constitute a nuisance or invasion of privacy.

View blog

Should heading the ball be banned in football?

A report by experts from the University of Glasgow looking at deaths caused by neurodegenerative disease in former professional footballers in Scotland.

View blog

How might driverless cars impact real estate?

One year ago, the Department for Transport targeted 2021 for having connected and automated vehicles on UK roads.

View blog

EHRC harassment guidance

The Equality and Human Rights Commission has issued technical guidance this month on Sexual harassment and harassment at work.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up