“… as the claimants had incurred no costs, they had not suffered loss requiring compensation by interest: reliance was placed upon Hunt v Optima (Cambridge) Ltd. [2013] EWHC 1121 (TCC) (Akenhead J) and Kazakhstan Kagazy plc v Baglan Abdullayevich Zhunus and Harbour Fund 111 LLP [2018] EWHC 369 (Comm) (Picken J).…”
“…aim for the cost of future repairs. The Judge was mistaken. On this basis he wrongly distinguished the decisions of Akenhead J in Hunt v Optima (Cambridge) Ltd [2013] EWHC 1121 (TCC) (at paragraphs 3 and 4), and Picken…”