How to assess

Bacciottini and another v Gotelee and Goldsmith (a firm) [2016] EWCA Civ 170 CA SJ 29 March


Having bought a property, the claimants discovered that planning consent for change of use had been granted subject to a restricting condition as to use which was previously unknown to them. Liability in negligence was admitted by the defendant solicitors, but quantum was in issue. The judge held that the claimants had the applicable restriction lifted without difficulty, and their loss was to be limited to the sum of £250 expended in obtaining that change, rather than the substantially higher sum claimed by the claimants, which relied on matters such as the difference in value of the property when calculated with or without the restriction as at the date of purchase.