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For better or worse?

25 November 2010 / James Davies
Issue: 7443 / Categories: Features , Property
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James Davies reflects on the legal principles & practical appeal of betterment

A frequent cry which is raised when something new is sought to replace something old which has been damaged is “betterment”—in other words that there should be a deduction to take account of the fact that the claimant receives something new. There is an inherent practical appeal in the idea that there should be some adjustment to take account of the fact that the claimant has something newer than that which they have lost. It is an issue that arises both in claims based in contract and in tort and the same principles apply to both.

In the Court of Appeal case of Harbutt’s Plasticine v Wayne Tank & Pump Co Ltd [1970] 1 QB 447 a factory burnt down as a consequence of the negligence of the defendant’s staff. A replacement factory was built. The question arose whether or not the claim should be limited to the value of the old factory or whether the full cost of rebuilding

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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