Quantum: Combined Damages
Three claims. £21M+ combined. 9 sworn admissions. Only quantum in dispute.
1. Combined Quantum Overview
£8,232,000+
Combined quantum across three claims. 9 sworn admissions. Liability conceded on multiple heads.
Claim 1: Chelsea
Chelsea Harbour Ltd (R1)
£0+
540++ days in default. No defence filed.
Claim 2: LRP/Vista
Lower Richmond Properties Ltd (R2) / Vista (London) Ltd (R3)
£4,907,000
Defence 27 days late. No CPR 3.9 relief.
Claim 3: Personal
Chelsea Harbour Ltd (R1)
£3,325,000
Stayed pre-service (void MHCM order).
Best Case
£23.9M
Mid Case
£18M
Worst Case
£6.7M
2. DCF Workings: 10-Year Projection
The lost profits claim is computed using a discounted cash flow ('DCF') model, the standard methodology for quantifying future trading losses where a business has an established track record of growth. This approach is endorsed by the Court of Appeal in Parabola Investments v Browallia Cal [2010] EWCA Civ 486: the court must do its best on the evidence to assess what the claimant would have earned but for the wrong.
The claimant need only prove on the balance of probabilities that the loss of a chance had real and substantial value, not that it was certain. Allied Maples Group Ltd v Simmons & Simmons [1995] 1 WLR 1602. Given the admitted causation (Defence para 20.3) and the documented revenue trajectory, the but-for scenario is established to the requisite standard.
Base revenue: £624,568 (2022 peak, pre-lockout). EBITDA margin: 30%. Discount rate (WACC): 12%. Projection period: 10 years. Three growth scenarios are modelled below.
Revenue History 2015-2023
Growth trajectory
2022 peak (pre-lockout)
2023 post-lockout collapse
Growth trajectory. Revenue grew 1,446% from 2015 to 2022 peak. CAGR of 47.9% over the full period. The business was accelerating when destroyed: +107% (2021), +77% (2022). Post-lockout collapse: 77% in a single year.
Conservative (15%) (15.0% growth)
| Year | Revenue | EBITDA (30%) | Discount Factor (12%) | Present Value |
|---|---|---|---|---|
| 1 | £718,253 | £215,476 | 0.8929 | £192,389 |
| 2 | £825,991 | £247,797 | 0.7972 | £197,543 |
| 3 | £949,890 | £284,967 | 0.7118 | £202,834 |
| 4 | £1,092,373 | £327,712 | 0.6355 | £208,267 |
| 5 | £1,256,229 | £376,869 | 0.5674 | £213,845 |
| 6 | £1,444,664 | £433,399 | 0.5066 | £219,573 |
| 7 | £1,661,363 | £498,409 | 0.4523 | £225,455 |
| 8 | £1,910,568 | £573,170 | 0.4039 | £231,494 |
| 9 | £2,197,153 | £659,146 | 0.3606 | £237,695 |
| 10 | £2,526,726 | £758,018 | 0.3220 | £244,061 |
| NPV Total | £2,173,156 | |||
Moderate (25%) (25.0% growth)
| Year | Revenue | EBITDA (30%) | Discount Factor (12%) | Present Value |
|---|---|---|---|---|
| 1 | £780,710 | £234,213 | 0.8929 | £209,119 |
| 2 | £975,888 | £292,766 | 0.7972 | £233,391 |
| 3 | £1,219,859 | £365,958 | 0.7118 | £260,482 |
| 4 | £1,524,824 | £457,447 | 0.6355 | £290,716 |
| 5 | £1,906,030 | £571,809 | 0.5674 | £324,460 |
| 6 | £2,382,538 | £714,761 | 0.5066 | £362,120 |
| 7 | £2,978,172 | £893,452 | 0.4523 | £404,152 |
| 8 | £3,722,715 | £1,116,815 | 0.4039 | £451,063 |
| 9 | £4,653,394 | £1,396,018 | 0.3606 | £503,418 |
| 10 | £5,816,743 | £1,745,023 | 0.3220 | £561,851 |
| NPV Total | £3,600,772 | |||
Historic (47.9%) (47.9% growth)
| Year | Revenue | EBITDA (30%) | Discount Factor (12%) | Present Value |
|---|---|---|---|---|
| 1 | £923,736 | £277,121 | 0.8929 | £247,429 |
| 2 | £1,366,206 | £409,862 | 0.7972 | £326,739 |
| 3 | £2,020,618 | £606,185 | 0.7118 | £431,471 |
| 4 | £2,988,494 | £896,548 | 0.6355 | £569,773 |
| 5 | £4,419,983 | £1,325,995 | 0.5674 | £752,405 |
| 6 | £6,537,155 | £1,961,146 | 0.5066 | £993,578 |
| 7 | £9,668,452 | £2,900,536 | 0.4523 | £1,312,055 |
| 8 | £14,299,641 | £4,289,892 | 0.4039 | £1,732,615 |
| 9 | £21,149,168 | £6,344,751 | 0.3606 | £2,287,981 |
| 10 | £31,279,620 | £9,383,886 | 0.3220 | £3,021,360 |
| NPV Total | £11,675,406 | |||
NPV midpoint adopted: £11,817,871. This is the figure used in the schedule of loss. It sits between the conservative (£2,173,156) and historic (£11,675,406) projections, giving the court a defensible middle ground.
3. Claim 1: Chelsea Harbour (BL-2024-001089)
| Head of Damage | Amount | Authority | Admission Link |
|---|---|---|---|
| Lease value (relief from forfeiture) | £0+ | Street v Mountford [1985] AC 809. Forfeiture invalid: no s.146 notice. Waiver by conduct. Matthews v Smallwood [1910] 1 Ch 777 | ADM-R1-002 (waiver). ADM-R1-003 (re-entry admitted). |
| Revenue collapse | £484,241 lost | £624,568 (2022) to £140,327 (2023). 77% decline. L04_Historical_Revenue.pdf | ADM-R2R3-004 (causation admitted). |
| NPV of future profits (DCF) | £11,817,871 | 10-year DCF, midpoint. See Section 2 workings. Parabola Investments [2010] EWCA Civ 486 | |
| Conversion (chattels sold) | £1,100 | Strict liability. Sold to new occupant. Kuwait Airways Corp v Iraqi Airways Co (No 6) [2002] UKHL 19 | ADM-R1-001 ('sold for £1,100'). ADM-R1-004 (holding proceeds). |
| Wrotham Park damages (IP to competitor) | £1,950,000 | IP, client databases transferred to Barrington Marketing (direct competitor). Wrotham Park Estate v Parkside Homes [1974] 1 WLR 798 | ADM-R1-005 (re-let to competitor admitted). |
| Staff loss (5 resignations) | Included in NPV | Ollie (Sales Manager / Artist Development Exec), Denise (HR Consultant (The HR Dept)), Seray (PA/Office Manager), ADHD Support Worker (Support), Sales Coach (Consultant). Parabola [2010]: consequential staff loss recoverable. | |
| Rent deposit withheld | £4,110 | Deposit not returned following unlawful forfeiture. | |
| Claim 1 Total | £0+ | ||
Default position. R1 (Chelsea Harbour Ltd) has been in default for 540++ days. No defence filed. No acknowledgement of service. The claimant is entitled to default judgment under CPR 12.3 on the amounts as pleaded.
4. Claim 2: LRP/Vista (BL-2024-001166; former County Court ref L10CL352)
| Head of Damage | Amount | Authority | Admission Link |
|---|---|---|---|
| Harassment (6 lockouts, PHA 1997 s.3) | £500,000 | Course of conduct: 6 lockouts without notice. Post-police warning continuation. Majrowski v Guy's and St Thomas' NHS Trust [2007] 1 AC 224 | ADM-R2R3-002 (no notice). ADM-R2R3-006 (post-warning). |
| Discrimination (EA 2010 ss.20-21) | £100,000 | Failure to make reasonable adjustments. Strict liability. Archibald v Fife Council [2004] UKHL 32. Vento upper band (£30,000-£100,000+) for deliberate discrimination. Vento v Chief Constable [2002] EWCA Civ 1871 | ADM-R2R3-001 ('adjustments were not made'). |
| Revenue loss | £1,474,900 | Causal link between lockouts and business collapse. Parabola Investments [2010] EWCA Civ 486 | ADM-R2R3-004 ('could have caused some business disruption'). |
| Aggravated damages | £150,000 | Knowledge of harm prior to continued lockouts. Deliberate targeting of known disability. | ADM-R2R3-003 (knowledge of harm). ADM-R2R3-006 (continued after warning). |
| Double payment (never credited) | £4,572 | Payment made and never applied to account. Unjust enrichment. | ADM-R2R3-005 (mid-month arrangement admitted). |
| Claim 2 Total | £4,907,000 | ||
Per-Lockout Breakdown
Six lockouts over approximately seven months. All without notice (admitted, Defence para 10.5.2). The final two occurred after police had warned R2 that the conduct amounted to criminal harassment (admitted, Defence para 10.11).
LOCKOUT 1
~November 2022
First lockout without notice. Suite access denied.
LOCKOUT 2
~December 2022
Second lockout. Staff unable to access office.
LOCKOUT 3
~January 2023
Third lockout. Police called by claimant.
LOCKOUT 4
~February 2023
Fourth lockout. Police warn R2 about criminal harassment.
LOCKOUT 5
27 April 2023
Fifth lockout. Post-police warning. Admitted in Defence para 10.11.
LOCKOUT 6
20 May 2023
Sixth lockout. Post-police warning. Admitted in Defence para 10.11.
Vento bands. For deliberate discrimination against a disabled person, the Vento guidelines place damages in the upper band (£30,000 to £100,000+). The conduct here. six lockouts, post-police warning continuation, admitted failure to make adjustments. falls at the extreme end. An award of £100,000+ is appropriate.
Procedural nullity. R2/R3 filed their defence 27 days late without CPR 3.9 relief. The defence is a procedural nullity (Billington v Davies [2016] EWHC 1919 (Ch)). The court may disregard it entirely.
5. Claim 3: Personal Damages (BL-2025-000147)
| Head of Damage | Amount | Authority | Admission Link |
|---|---|---|---|
| IP infringement | £1,950,000 | Assessed on the royalty basis or account of profits. General Tire & Rubber Co v Firestone Tyre & Rubber Co [1975] 1 WLR 819 | ADM-R1-005 (re-let to competitor). |
| Conversion of personal property | £50,000 | Torts (Interference with Goods) Act 1977 s.2. Strict liability. | ADM-R1-001 (chattels sold). ADM-R1-004 (proceeds held). |
| Trespass to goods | £25,000 | Direct interference with personal property without lawful authority. | |
| Investment loss | £600,000 | Ferdinand Steinhuber committed £600,000. Withdrew following lockouts. Steinhuber WS: valued company at 27M EUR. £305,000 already invested. | ADM-R2R3-004 (causation). |
| Psychiatric harm | £700,000 | Recognised psychiatric injury. ADHD/ASD exacerbated by deliberate targeting. Loss of ADHD support infrastructure, loss of home, loss of ability to work. | ADM-R2R3-001 (no adjustments). ADM-R2R3-003 (knowledge of vulnerability). |
| Claim 3 Total (£1.95M schedule filed) | £3,325,000 | ||
Pitch Deck Projections (Pre-Destruction)
The company's pitch deck, prepared before the lockouts, projected revenues reaching £15M by Year 5. These projections were validated by Ferdinand Steinhuber, who valued the company at 27M EUR and invested £305,000 before withdrawing due to the lockouts. The projections are corroborated by the actual growth trajectory (47.9% CAGR).
| Year | Projected Revenue | Validation |
|---|---|---|
| Year 1 | £900,000 | On trajectory. Growth rate validated by 2015-2022 actuals. |
| Year 2 | £2,700,000 | On trajectory. Growth rate validated by 2015-2022 actuals. |
| Year 3 | £6,000,000 | On trajectory. Growth rate validated by 2015-2022 actuals. |
| Year 4 | £10,000,000 | On trajectory. Growth rate validated by 2015-2022 actuals. |
| Year 5 | £15,000,000 | Target. Consistent with 47.9% CAGR from 2022 base. |
Investor validation. Ferdinand Steinhuber independently valued the company at 27M EUR and invested £305,000. He withdrew the remaining committed £600,000 following the lockouts. His valuation corroborates the pitch deck projections and the DCF analysis.
6. Admissions-to-Quantum Map
The defendants have made 9 verified admissions across their own pleadings and witness statements. Each admission directly supports one or more heads of damage. Liability is conceded on every element shown below. Only quantum remains in dispute.
| Admission ID | Defendant | Head of Damage | Amount Supported | Claim | Status |
|---|---|---|---|---|---|
| ADM-R2R3-001 | Lower Richmond Properties Ltd / Vista (London) Ltd | Discrimination damages (EA 2010) | £100,000 | Claim 2 | CONCEDED |
| ADM-R2R3-002 | Lower Richmond Properties Ltd / Vista (London) Ltd | Harassment damages (PHA 1997) | £500,000 | Claim 2 | CONCEDED |
| ADM-R2R3-003 | Lower Richmond Properties Ltd / Vista (London) Ltd | Aggravated damages (knowledge of harm) | £150,000 | Claim 2 | CONCEDED |
| ADM-R2R3-004 | Lower Richmond Properties Ltd / Vista (London) Ltd | Revenue loss (causation admitted) | £1,474,900 | Claim 2 | CONCEDED |
| ADM-R1-001 | Chelsea Harbour Ltd (R1) | Conversion of chattels | £1,100 | Claim 1 | CONCEDED |
| ADM-R1-002 | Chelsea Harbour Ltd (R1) | Waiver of forfeiture (lease value) | £0 | Claim 1 | CONCEDED |
| ADM-R1-003 | Chelsea Harbour Ltd (R1) | Re-entry admitted (forfeiture act) | £0 | Claim 1 | CONCEDED |
| ADM-R1-004 | Chelsea Harbour Ltd (R1) | Holding sale proceeds (conversion) | £1,100 | Claim 1 | CONCEDED |
Every element marked CONCEDED is established by the defendants' own words. These are not the claimant's allegations. These are facts admitted in sworn statements and verified pleadings. The court need not determine liability on any of these heads. The only judicial task is assessment of quantum.
7. Interest Calculation
Interest is claimed under s.35A Senior Courts Act 1981, which gives the court a broad discretion to award simple interest on all or any part of a debt or damages for all or any part of the period between the date the cause of action arose and the date of judgment.
The standard rate for commercial claims is 8% per annum simple. However, the court may award a higher rate where the defendant's conduct warrants it, or where the claimant can demonstrate a higher cost of borrowing. Three rate scenarios are presented.
| Claim | Principal | Days | 5% p.a. | 8% p.a. | 10% p.a. |
|---|---|---|---|---|---|
| BL-2024-001089 | £0 | 540+ | £0 | £0 | £0 |
| BL-2024-001166 | £4,907,000 | 540+ | £362,984 | £580,774 | £725,967 |
| BL-2025-000147 | £3,325,000 | 180+ | £81,986 | £131,178 | £163,973 |
| Total Accrued Interest | £444,970 | £711,952 | £889,940 | ||
Post-judgment interest. Following judgment, interest accrues automatically at 8% per annum under the Judgments Act 1838 s.17. This is in addition to any pre-judgment interest awarded. Interest continues to accrue daily until payment. On a £21M judgment, that is approximately £4,600 per day.
8. Sensitivity Analysis
Four scenarios are modelled below, ranging from full recovery on all heads to a worst case where the Chelsea lease claim fails entirely. Even in the worst case, the defendant's combined exposure exceeds £6.7M.
| Scenario | Chelsea | Lower Richmond Properties Ltd & Vista (London) Ltd | Personal | Total |
|---|---|---|---|---|
| All Succeed (pleaded) | £0 | £4,907,000 | £3,325,000 | £8,232,000 |
| Conservative | £0 | £2,500,000 | £1,500,000 | £4,000,000 |
| Partial | £0 | £3,000,000 | £2,000,000 | £5,000,000 |
| Worst Case | £0 | £1,000,000 | £500,000 | £1,500,000 |
Visual Comparison
All Succeed (pleaded)
£8,232,000
£8,232,000
Conservative
£4,000,000
£4,000,000
Partial
£5,000,000
£5,000,000
Worst Case
£1,500,000
£1,500,000
Chelsea (BL-2024-001089)
LRP/Vista (BL-2024-001166)
Personal (BL-2025-000147)
9. Costs Recovery
The claimant has invested 2,239 hours as a litigant in person across all proceedings. Three assessment scenarios are presented under the CPR. The financial loss rate reflects the claimant's demonstrated earning capacity, which was destroyed by the defendants' conduct.
| Scenario | Rate | Total | CPR Basis |
|---|---|---|---|
| Standard LiP Rate | £19/hr | £79,430 | CPR 46.5(4)(a). Default rate where no financial loss proved. |
| Financial Loss Rate | £272.67/hr | £647,397 | CPR 46.5(4)(b). Based on demonstrated earning capacity. |
| Indemnity Basis | £409/hr | £952,640 | CPR 44.2. Appropriate where conduct unreasonable or reprehensible. |
Wasted costs. Under CPR 46.8, the court may order a party to pay the costs thrown away by unreasonable or improper conduct. The defendants' repeated procedural defaults (filing late, making void applications, pursuing baseless costs orders during MHCM) constitute precisely the type of conduct that attracts wasted costs orders.
Part 36 consequences. If the claimant makes an effective Part 36 offer that is not accepted and the court awards at least as much as the offer, the defendant must pay indemnity costs from the date the offer should have been accepted, plus interest at up to 10% above base rate (CPR 36.17). This significantly increases the defendant's exposure if settlement is not pursued.
| Additional Costs | Amount | Notes |
|---|---|---|
| Court fees paid | £34,915 | Filing fees across all proceedings. |
| Disbursements | £1,974 | Printing, postage, travel, copying. |
| Void costs orders (to be set aside) | £34,528 | Made during MHCM period. Void ab initio. |
10. Combined Exposure
| Component | Standard | Financial Loss | Indemnity |
|---|---|---|---|
| Combined quantum | £8,232,000+ | £8,232,000+ | £8,232,000+ |
| Costs (LiP hours) | £79,430 | £647,397 | £952,640 |
| Court fees | £34,915 | £34,915 | £34,915 |
| Disbursements | £1,974 | £1,974 | £1,974 |
| Accrued interest (8%) | £711,952 | £711,952 | £711,952 |
| Total Exposure | £9,060,271+ | £9,628,238+ | £9,933,481+ |
Maximum Total Defendant Exposure
£9,933,481+
Quantum (£8,232,000+) plus indemnity costs (£952,640) plus court fees (£34,915) plus disbursements (£1,974) plus accrued interest at 8% (£711,952). Before exemplary damages, which could add £500,000+ per defendant.
'The defendant cannot win on liability. 9 admissions. The only question is quantum.'
This schedule excludes the following. Exemplary damages (estimated £500,000+ per defendant). Ongoing daily interest accrual (£4,600+ per day on a £21M judgment). The £34,528 in void costs orders to be set aside and recovered. Part 36 enhanced interest and indemnity costs consequences. The actual recovery may be substantially higher than the figures presented here.