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Categories:
Litigation & Dispute Resolution
Property Litigation
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this CPDcast, Jonathan Arkush discusses both negotiated damages and the question of aggravated damages in respect of a company, both of which were up for debate in Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA, a property case in which Jonathan appeared on behalf of the head-lead lease appellants, Eaton Mansions. This CPDcast provides an insight as to how the courts will calculate negotiated damages and confirms their treatment of aggravated damages in respect of companies.

Outcomes:
After completing the course you will:
  • Understand how the concept of negotiated damages has typically been calculated by the courts;
  • Understand the traditional parameters of aggravated damages awards;
  • Be aware of how the issues of aggravated damages and negotiated damages arose in Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA;
  • Know how the Court of Appeal calculated “benefits received” in Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA;
  • Be aware of the relevance of benefits ceasing as they did in Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA;
  • Know the Court of Appeal’s response to the claim of aggravated damages made on behalf of a company.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • Attorney General v Blake and Another [2000] UKHL 45;
  • Chancery Amendment Act 1858;
  • Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA [2013] EWCA Civ 1308;
  • Horsford v. Bird (2006) UKPC 3 (2006) 15 EG 136;
  • Lunn Poly Limited v Liverpool & Lancashire Properties Limited [2006] EWCA Civ 430;
  • Messenger Newspapers Group Ltd v National Graphical Association (1982) J 157/21;
  • Sinclair v Gavaghan [2007] EWHC 2256 (Ch);
  • Supreme Court Act 1981;
  • Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798.
Tags:

In this CPDcast, Jonathan Arkush from 11 Stone Buildings discusses the issues regarding damages which were raised in the Court of Appeal case of Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA.

Date Recorded: 15th November 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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