Bevan Ashford is challenging a damages award of £74,323 awarded against it in the High Court for negligent representations in a report on title to Portman Building Society
The firm was ordered to pay the damages by Longmore J in May 1998. It is now asking the Court of Appeal to reduce the sum to a nominal amount on the basis that Portman could have mitigated its loss.
Counsel for Bevan Ashford, Mark Wonnacott, argued that there was no good reason for departing from the normal rule that damages in a solicitors negligence action fell to be assessed at the date that the cause of action arose.
He argued that Portman knew of the facts that constituted the breach immediately after the breach occurred, and would have been able to realise its security at that time.
It was common ground that if the damages fell to be assessed at the date the cause of action arose, then the damages would only be nominal.
The hearing continues.
Portman Building Society v Bevan Ashford – Court of Appeal – (The President, Otton and Schiemann LJJ), 10 November 1999
Mark Wonnacott (instructed by Bevan Ashford, of Tiverton) appeared for the appellants; Mark West (instructed by Clarke Wilmott & Clarke, of Yeovil) appeared for the respondent.
PLS News 10/11/99
