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High Court hands down judgment in dispute concerning contractual rights to intellectual property
Commercial disputes
Emily McKechnie
Thursday 30 January 2025
Commercial disputesFriday 31 January 2025
On 23 January 2025, judgment was handed down by the Court of Appeal on issues of damages law in Barrowfen Properties Limited v Patel and others [2025] EWCA Civ 39.
At trial, the Court made various findings of dishonest breaches of directors’ duties against the First Defendant and of negligence against the Second Defendant firm of solicitors.
The trial judge awarded damages based on the lost rental income suffered because of the delay in the development of Barrowfen’s commercial property in Tooting. The principal award of £4 million was reduced down to £1.7 million because Barrowfen was required to give credit for the increased capital value of the revised development scheme implemented compared to the original development scheme that would have been implemented at an earlier date.
Both Barrowfen and the Second Defendant appealed to the Court of Appeal on issues of damages law about the application of the credit, but the decision of the trial judge was upheld (other than on a point about the amount of interest as damages):
Tim Matthewson was instructed with Adam Kramer KC of 3VB by Withers to act for Barrowfen.
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Commercial disputes
Emily McKechnie
Thursday 30 January 2025
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