Cases - Euro Pools v Clydeside Steel Fabrications Ltd

Record details

Name

Euro Pools v Clydeside Steel Fabrications Ltd

Date

2003

Citation

SC (D) 18/1

Legislation

Unfair Contract Terms Act 1977

Keywords

Construction – litigation – loss and expenses – breach of contract – damages – measure of damages – quantification of damages – quantification required to be objectively reasonable

Summary

In this Scottish case Euro Pools were claiming against Clydesdale for defective tanks. Part of their claim included the time of their employees and their managing director in investigating the problem and arranging remedial repairs.

Euro Pools could not demonstrate an actual loss for the time of their employees and managing director but they could demonstrate that had they not been involved in this matter their time would have been gainfully utilised elsewhere and that they would have been able to earn income at higher charge-out rates.

The court concluded that the loss required to be quantified in a manner that was objectively reasonable. In the present case Euro Pools' approach was appropriate.