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ARTICLE · 13 DECEMBER 2017

Damages For Negligence? Go Back To Basics...

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It is a well-established principle that a successful negligence claim will require a claimant to prove that the defendant's negligence caused the claimant to suffer loss.

United KingdomLitigation, Mediation & Arbitration
Ian Weatherall
Ian Weatherall
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It is a well-established principle that a successful negligence claim will require a claimant to prove that the defendant's negligence caused the claimant to suffer loss. Furthermore, the measure of damages will be that which is required to restore the claimant as nearly as possible to the position he would have been in if the defendant had not been negligent. The Supreme Court has provided a very clear reminder of this principle in the case of Tiuta International Limited v De Villiers Surveyors Limited.

Background

The claimant (T) was a specialist lender of short-term business finance. In April 2011, T entered into a loan facility with an individual (W) in connection with a development by a company with whom W was associated. The loan, in the sum of £2.45 million, was secured by a legal charge over the development. It was made on the basis of a valuation of the development by the defendant (D), which confirmed the development provided adequate security.

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