Hooper v Oates

The Court of Appeal recently gave judgment in Hooper and another v Oates [2013] EWCA Civ 91 and Whalley v PF Developments (2013) CA Civ (Unrep), Lawtel AC9601647.

In the former case it held that where a buyer has failed to complete the purchase of a property, damages need not be assessed by reference to its value at the date of breach.

The illiquid nature of the property market justifies a departure from the usual rule. In the latter it was decided that it is open to a claimant to pursue heads of loss at trial which have not been pleaded, provided sufficient notice has been given.

Read the Alerter by Richard Roberts here.