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Whiteleys (a firm) v Trafalgar Consultancy Ltd [2006] EWCA Civ 458

An award of damages for breach of professional duty was recalculated to put the victim of the breach in the position that it would have been in if the breach had not occurred.

12 May 2006

The appellant security company (T) sought an increase in the amount of damages awarded to it on its counterclaim against the respondent firm of accountants (W) following a dispute over fees. T had engaged W to provide part of the information to be submitted in a tender for a security contract. T won the tender and W brought a claim against T for unpaid fees. T counterclaimed on the grounds that W had negligently calculated the amounts that T should charge the client, that as a result the tender price was lower than it should have been and that the tender having been accepted by the client, T had suffered loss accordingly. The recorder accepted the evidence that T had told W that its security guards were paid double time on bank holidays and of the need to include bank holidays in the calculation, and awarded T £80,943 on the basis that W had negligently failed to do so. T was granted leave to appeal the recorder’s order on the ground that the basis of assessment of damages used b...

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