Bacciottini v Gotelee & Goldsmith [2016] EWCA Civ 170 is a
reminder of two of the core principles of the law of delict. First,
a claimant has a duty to mitigate their losses. Secondly, they
should be put back in the position they would have been in, but for
the negligence. No more, no less.
This appeal raised the issue of the level of damages arising out
of admitted negligence on the part of the respondent solicitors,
Gotelee & Goldsmith. In May 2007 Bacciottini acquired a
residential property. Their solicitors negligently failed to advise
them that there was a planning restriction attached to the property
restricting its residential use.
Following the successful purchase Bacciottini secured the
removal of the planning restriction. This application to the local
authority cost them £250. They had sued for £100,000,
being the difference between the price they paid and the value of
the property with the planning restriction.
