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Those hoping that the Court of Appeal may define a new method for calculating accommodation claims will need to wait a little longer. The Court of Appeal today adjourned the appeal in Swift v Carpenter with a view to allowing the parties to adduce further expert evidence on the issues. There may well be oral evidence from the experts heard by the Court of Appeal itself in Hilary Term 2020.
Lord Justice Irwin mooted whether one approach to the quantification of such claims might be the award of the capital cost of the accommodation less a sum reflecting the value of the reversionary interest. He invited evidence on that issue also. Lord Justice Underhill made it clear that Swift v Carpenter is intended to be a test case: “We do want this to be the case and that does mean, with the assistance of PIBA which we hope will continue, seeing that all the options are considered.”
Author: Andrew Wille Farrars (chambers@farrarsbuilding.co.uk)