Another case in the English Court of Appeal grappling with the implications
of The Achilleas for the orthodox approach to the application of the
remoteness of damage test in contract law: John Grimes Partnership Limited
v Gubbins [2013] EWCA Civ 37:

http://www.bailii.org/ew/cases/EWCA/Civ/2013/37.html

Sir David Keene formulated the question as follows: "Can a developer of
land, whose development scheme is delayed in its implementation by the
failure of a consulting engineer to perform tasks which he has contracted
to perform by an agreed date, recover damages for the loss he suffers
thereby from a diminution in the market value of the development which
occurs during the period for which its completion is delayed?" The answer
was yes.

The court concluded was that Lord Hoffmann's speech did not require
departure from the conventional approach (of Hadley v Baxendale/Heron II)
in the instant case. See paras [20-21].

Tomlinson LJ's second thoughts on extremely volatile markets in his short
concurring judgment are worthy of note.

Gerard McMeel





----------------------
Professor Gerard McMeel
Professor of Law
University of Bristol Law School
Wills Memorial Building
Bristol, BS8 1RJ, UK


Gerard.McMeel@bristol.ac.uk