Facts
- Defendant refused to pay for swimming pool which was too shallow
Issue
- Could damages be awarded for removing and replacing pool which was correct depth?
Decision
- No, alternative ‘loss of amenity’ damages awarded
Reasoning
- No loss of value to land and no loss of enjoyment or deprivation of use for intended purposes, therefore much lesser quantum of damages in form of loss of amenity awarded (~£3000) to recognise loss.
