The tort loss of profit principles can apply in contract cases for damages. No economic loss damages were to be claimed after a supervening incident prevented a return to work.
As to costs incurred after a late amendment, Stuart-Smith LJ said: ‘As a general rule where a plaintiff makes a late amendment as here, which substantially alters the case the defendant has to meet and without which the action will fail, the defendant was entitled to the costs of the action down to the date of the amendment’, though ‘There may, of course, be special reasons why this general rule should not be applied. An example of this is . . where the judge was satisfied that, even if the amendment had been made earlier, the action would have been vigorously resisted.’
Judges:
Balcombe, Stuart-Smith, Peter Gibson LJJ
Citations:
Ind Summary 24-Jan-1994, Times 12-Jan-1994, [1993] EWCA Civ 22, [1995] QB 137, [1994] 4 All ER 464, [1994] CLC 111, 66 BLR 1, [1994] 3 WLR 1179
Links:
Jurisdiction:
England and Wales
Cited by:
Applied – Ireland v David Lloyd Leisure Ltd CA 14-Jun-2013
The claimant sought damages after being injured working out in the defendant’s gym. A weights machine had chopped off the top of her finger when it came to rest. The defendant appealed against a finding that the warnings had been inadequate.
Lists of cited by and citing cases may be incomplete.
Damages, Costs
Updated: 07 July 2022; Ref: scu.78346
