EARL TERRACE PROPERTIES LIMITED v NILSSON DESIGN LIMITED and CHARTER CONSTRUCTION PLC

[2004] BLR 273

QUEEN’S BENCH DIVISION (TECHNOLOGY AND CONSTRUCTION COURT)

Before His Honour Judge Thornton QC

Damages - Negligence of architect - Delay of project - Delayed release of funds “held” in project - Whether recoverable - Appropriate or “notional” rate. Damages - Negligence of architect - Delay of project - Delayed sales of houses - Market movement during delay period - Increased sales values - Whether defendant entitled to benefit or credit for market movement.