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Litigation Letter

Exaggeration of claim

Earl of Malmesbury and others v Strutt and Parker (a partnership) [2008] EWHC 424 (QB); NLJ 4 April p 480

The claimants alleged negligence by the defendant in negotiating leases on their behalf. The claimants succeeded on the issue of liability and judgment was entered in their favour. Mediation on quantum followed. The claimant offered to accept £9m, which the defendant refused to offer and the issue proceeded to trial on quantum when the claimant was awarded about £900,000. The claimants argued that they should be considered the winners and should have their costs of £1.84m. The defendant contended:

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