Cases - G W Atkins Ltd v Scott

Record details

Name

G W Atkins Ltd v Scott

Date

[1996]

Citation

46 Con LR 14

Keywords

Claim for defective works

Summary

The claimant sued for the price of work done at the defendant's house in the amount of £1,001.21. The defendant admitted the plaintiff's claim, subject to a counterclaim for defective works.

At first instance, the judge found in the defendant's favour on the counterclaim. He was asked by the defendant to assess damages on the cost of remedying the defective work, which was tiling, and this cost was estimated at £1,229.80 by one witness and £562.29 by another. However, the judge rejected that basis for assessment and awarded £44 for some minor items, £250 as 'damages for bad workmanship and not replacement' and rounded the total figure up to £300. The defendant appealed on the grounds that he had erred in law.

It was held that the judge had considered the defects not to be of a serious character, and that that was a good reason in law for using a different assessment than the cost of reinstatement. Diminution in value is more appropriate where the proportion of defective work is small in relation to the whole property, where the sale of the property is not in prospect, and where the damage only affects the 'amenity value' of the property. The judge did not err in law and the appeal would be dismissed.