Gardner and Another v Marsh and Parsons (A Firm) and Another

JurisdictionEngland & Wales
Judgment Date13 November 1996
Date13 November 1996
CourtCourt of Appeal (Civil Division)
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17 cases
  • Murfin v Campbell
    • United Kingdom
    • Chancery Division
    • 22 June 2011
    ...Mr Sephton submits that this approach is contrary to that which I am required to adopt by applying the Court of Appeal decision in Gardner v. Marsh & Parsons [1997] 1 WLR 489. I reject that submission. First, if and to the extent that there is a conflict between that decision and the decisi......
  • Centenary 6 Limited Against Tlt Llp
    • United Kingdom
    • Court of Session
    • 5 May 2023
    ...Ltd v Lowick Rose LLP [2018] AC 313, Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd [1994] 1 AC 85, Gardner v Marsh & Parsons [1997] 1 WLR 489, p503). There was no authority for the argument being advanced here of a hypothetical (unlike an actual) collateral action by a third party......
  • Catlin Estates Ltd v Carter Jonas (A Firm)
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 31 October 2005
    ...of an award of damages is to be linked directly to the loss sustained …" 268 This general approach was also taken by Hirst LJ in Gardner v Marsh & Parsons [1997] 1 WLR 489 at 498. Hirst LJ referred to Westinghouse & Hussey v Eels and went on at 503: "In evaluating these arguments I bear ver......
  • Pankhania v Hackney London Borough Council
    • United Kingdom
    • Chancery Division
    • 23 January 2004
    ...own benefit, and not as part of a continuous transaction of which the purchase of land and bungalow was the inception". 30. In Gardner v. Marsh & Parsons [199731 W.L.R. 489, the Court of Appeal again rejected a defendant's attempt to argue that the normal measure should be displaced because......
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