Nahome and another v Last Cawthra Feather Solicitors EWHC 76 (Ch), [2010] All ER (D) 162 (May)
Chancery Division, HHJ David Cooke, 29 January 2010
The Chancery Division has considered the principles on remoteness of damage when considering the amount recoverable against a solicitor who negligently fails to renew a lease of business premises, emphasising the flexibility available to the court.
Nicholas Bard (instructed by Richards) for the claimants.
Ben Hubble QC (instructed by Robin Simon LLP) for the defendant.
The claimants brought proceedings in contract and tort against the defendant solicitors in relation to an alleged breach of obligation, in relation to the renewal of a lease of business premises protected under Pt II of the Landlord and Tenant Act 1954. Liability was admitted. Judgment was entered in favour of the claimants for “damages for breach of contract to be assessed”. The instant hearing was the trial of damages. The claimants sought approximately £1.8m, based substantially on the contention that the business, which had previously been a retail jewellers turning over £50,000 per annum and minimally profitable, would have been developed into a highly successful and lucrative
