A Retailer v Ms B and Ms K Approved Judgment 09.05.12

[Amethyst]

Read the Oxford CC case Judgment ( attached PDF -> ApprovedJudgment.pdf )

And the Appeal -> ( attached PDF ARetailervMsB09052012.pdf )

With huge thanks to the ConsumerActionGroup for obtaining the transcripts.

[Guest]

Re: A Retailer v Ms B and Ms K Approved Judgment 09.05.12

I think it boils down to this inescapable, unarguable fact.

Section 15 of the judgment

"The two security people, far from being diverted from their usual activities, were in
fact actively engaged in them."

D

[bluebottle]

Re: A Retailer v Ms B and Ms K Approved Judgment 09.05.12

I think it boils down to this inescapable, unarguable fact.

Section 15 of the judgment

"The two security people, far from being diverted from their usual activities, were in
fact actively engaged in them."

D

I have to agree with you, Davy. In a nutshell, what HHJ Harris has said is that A Retailer suffered no loss, could prove no loss and, as a consequence, threw A Retailer's case out. Remember that the basic thrust of the judgement in Dunlop Pneumatic Tyre Co. Ltd -v- New Garage & Motor Co. Ltd 1915 is that a claimant can only claim damages for actual loss suffered, can prove actual loss has been suffered, that the person, etc., was responsible for such loss and any damages claimed can only put the claimant back in the same position they were in before the alleged loss or tort that resulted in the loss. In short, the claimant is not allowed to be better-off, financially, as a result of the damages sought.

Having worked in retail, I can tell you that security is a cost centre and not a profit centre. In layman's terms, security doesn't generate any revenue or profits. It is a cost the retailer would have incurred in any case and would have costed into the prices charged for goods on sale in their premises.

In my considered judgement, HHJ Harris made a right and just judgement.

[Amethyst]

Re: A Retailer v Ms B and Ms K Approved Judgment 09.05.12

Full transcripts of the hearing of this case leading up to the Judgment can be found http://www.legalbeagles.info/forums/...h-and-the-lies