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Jonathan Earle v Sotos Charalambous [2006] EWCA Civ 1090

In the circumstances, the appropriate method for assessing damages for breach of a repairing covenant was by reference to the rental value of the flat and the degree of impact of the lack of repair.

27 October 2006

The court had to determine a further point following its decision ([2006] EWCA Civ 1090) allowing in part an appeal relating to the method by which damages should be assessed for an admitted breach by a lessor of a repairing covenant relating to residential property. The central issue on the appeal had been whether the trial judge had been correct in assessing the damages to take account of rental value, or whether he should have treated himself as restricted by reference to a tariff based on previous awards. The appellant freeholder and lessor (C) failed on that issue. However, C succeeded in a more limited attack on the reasoning of the judge in arriving at his assessment for the initial period during which the respondent lessee (E) had remained in his flat. For that period, the judge arrived at a global figure of £20,000, without any precise indication of how it was calculated. The Court of Appeal held that that award was not supported by adequate reasoning and was excessive in ...

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