Ruxley Electronics & Construction Ltd v Forsyth

Parliamentary Archives,
HL/PO/JU/18/255

Ruxley Electronics and Construction Limited (Appellants)
v. Forsyth (Respondent) and one other action

JUDGMENT

Die Jovis 29° Junii 1995

Upon Report from the Appellate Committee to whom was
referred the Cause Ruxley Electronics and Construction Limited
against Forsyth and one other action, That the Committee had
heard Counsel as well on Monday the 27th as on Tuesday the 28th
and Thursday the 30th days of March last upon the Petition and
Appeal of Ruxley Electronics and Construction Limited, care of
Lanes End House, 15 Prince Albert Street, Brighton BN1, praying
that the matter of the Order set forth in the Schedule thereto,
namely an Order of Her Majesty's Court of Appeal of the 16th day
of December 1993, might be reviewed before Her Majesty the Queen
in Her Court of Parliament and that the said Order might be
reversed, varied or altered or that the Petitioners might have
such other relief in the premises as to Her Majesty the Queen in
Her Court of Parliament might seem meet; as upon the case of
Stephen Forsyth lodged in answer to the said Appeal; and due
consideration had this day of what was offered on either side in
this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in the Court of Parliament of Her Majesty the Queen
assembled, That the said Order of Her Majesty's Court of Appeal
of the 16th day of December 1993 complained of in the said Appeal
be, and the same is hereby, Set Aside and that the Order of His
Honour Judge Diamond Q.C. of the 13th day of July 1993 be, and
the same is hereby, Restored: And it is further Ordered. That
the Respondent do pay or cause to be paid to the said Appellants
the Costs incurred by them in the Court of Appeal and in respect
of the said Appeal to this House, the amount of such last-
mentioned costs to be certified by the Clerk of the Parliaments
if not agreed between the parties: And it is also further
Ordered, That the Cause be, and the same is hereby, remitted back
to the Central London County Court to do therein as shall be just
and consistent with this Judgment.

Cler: Parliamentor:

HOUSE OF LORDS

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

Ruxley Electronics and Construction Limited
(Appellants)

v.

Forsyth
(Respondent)

ON 29 JUNE 1995

LORD KEITH OF KINKEL. My Lords, I have had the advantage of reading in draft the speeches to be delivered by my noble and learned friends Lord Jauncey of Tullichettle, Lord Mustill and Lord Lloyd of Berwick. I agree with them and for the reasons they give would allow this appeal.

LORD BRIDGE OF HARWICH. My Lords, damages for breach of contract must reflect, as accurately as the circumstances allow, the loss which the claimant has sustained because he did not get what he bargained for. There is no question of punishing the contract-breaker. Given this basic…