Assessment of damages hearing can be expanded to include losses for breach of contract (Personal Management Solutions Ltd & Anor v Brake Bros Ltd & Ors)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?

Article summary

Dispute Resolution analysis: The Court of Appeal held that claims advanced by the claimants at an assessment of damages hearing did not exceed those set out in their particulars of claim. As part of its judgment, the Court of Appeal also held that the scope of an assessment of damages is not a case management exercise since it goes to the heart of the claimants’ case. Joel Wallace, a barrister at St Philips Chambers in Birmingham comments on what lessons can be learned from this case and considers the implications for dispute resolution practitioners.