"Claimant failed to mitigate loss by not expediting repairs."
Nightclub premises were damage by water ingress. Claim for consequential loss of profits was £120,000 based on 5 weeks’ closure for repair followed by 4 months’ trading at reduced turnover. Toppings prepared non-CPR advice setting out errors in claim, a list of further disclosure and a suggested calculation of loss at £35,000. Claimant supplied further information on a piecemeal basis but was very dilatory in pursuing claim. Toppings were able to establish that claimant had failed to mitigate loss by not expediting repairs. Claim settled for £45,000.
Nightclub premises damaged by flooding from adjacent premises. Claim for consequential loss of profits was £120,000 based on 5 weeks’ closure for repairs followed by 4 months’ trading at reduced turnover. Toppings prepared non-CPR advice setting out errors in claim and demonstrating that the claimant had failed to mititgate loss by not expediting repairs to the whole of the premises. Toppings assessment of loss, based on limited available information, amounted to £35,000. Claimant disclosed more information on a piecemeal basis, including a re-calculation of alleged losses. Settlement negotiated at £45,000.
At a glance
- Flooding to nightclub premises - claimed £120,000
- Closed 5 weeks for repairs, but claimed on-going loss
- Failed to mitigate loss by not expediting repairs
- Settled for £45,000
