Harlequin Property (SVG) Ltd and another v Wilkins Kennedy (a Firm)

Contract – Breach of contract. The Technology and Construction Court held that the first claimant, Harlequin SVG, which owned a luxury Caribbean resort, and the second claimant operator of the resort (together Harlequin) would be awarded US$11,630,970.50, to be paid by their former accountant, Wilkins Kennedy, for breach of contract and/or negligence in advising Harlequin not to enter into a formal, detailed contract with Harlequin's then contractor ICE. The court rejected all other claims made by Harlequin, which had sought damages of approximately US$60m. The court held that Harlequin was entitled to loss and damage in the sum of US$23,261,941, being the amount of the overpayment to ICE, less an allowance for the cost of the valuation process. That sum was reduced to take account of contributory negligence. The court further proposed that the sum awarded should be paid into an escrow account whilst the competing interests of the company, any liquidators that were appointed, and the investors of the Buccament Bay project in St.Vincent and the Grenadines were resolved.

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