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

Legal fees for advising on settlement agreements

When entering into a settlement agreement, it is a requirement for the employee to get independent legal advice on the terms and effect of the agreement.

View blog

Staff Shortages in the NHS

Staff shortages within the NHS are well publicised, with recent press reports once again highlighting the additional impact of the NHS pensions “tax trap” on frontline care, and the uncertainty over Brexit implications for current and potential future employees.

View blog

General election 2019 - implications for schools

Parliament has announced that a general election will take place in the UK on Thursday 12 December 2019. Schools are popular places for polling stations and whilst some larger schools are able to continue to operate on election day, many smaller schools are forced to close.

View blog

The Commons Treasury Committee has published its report on business rates. Are changes on the horizon?

The Treasury Committee has just published its report on its inquiry into the administration of business rates in England and, at first glance, it could be the catalyst to drive the change that many businesses have been calling for.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up