Category Archives: Damages
Bunge Corporation (New York) -v- Tradax Export Sa (Panama); HL 25-Feb-1981
The fob contract for the sale of goods required the buyers to give notice of the probable readiness of the ships on which the goods were to be carried. The notice was given four days too late. The sellers declared … Continue reading
Royal Brompton Hospital National Health Service Trust -v- Hammond and others; HL 25-Apr-2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims.Held: The Act sought to extend the circumstances … Continue reading
Filed under Damages
Raissi, Regina (on the Application of) -v- Secretary of State for the Home Department; Admn 22-Feb-2007
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any … Continue reading
Oxborrow (A Minor) -v- West Suffolk Hospitals NHS Trust; QBD 20-Apr-2012
The claimant sought a payment on account of damages for injury suffered while being delivered as a baby.
Filed under Damages, Personal Injury
Gilbert and Another (T/A Woods Farm Christmas Trees) -v- British Waterways Board; TCC 15-Dec-2005
The respondent was responsible for a canal which overflowed onto the claimant’s land causing damage to the claimant’s business providing christmas trees. The defendant criticised the lack of accounting records.Held: The claimants operated under a tax scheme which left their … Continue reading
Pearson Education Ltd -v- Charter Partnership Ltd; CA 21-Feb-2007
The claimants were lessees of a building n which they stored their stock of unique historical books. The books were damaged beyond repair when the premises were flooded. They now sought damages from the building’s architects. The drainage system was … Continue reading
Filed under Damages, Negligence
Wieland -v- Cyril Lord Carpets Ltd; 1969
The plaintiff suffered injury from the admitted negligence of the defendant. After attending the hospital she felt shaken and the movement of her head was constricted by a collar which had been fitted to her neck. In consequence she was … Continue reading
Filed under Damages, Personal Injury
Jaggard -v- Sawyer; CC 1993
(Weymouth County Court) The court refused an injunction to a land owner who complained that a neighbour had erected a building over a right of way. The court awarded damages of £694.44, being a proportionate part of the the sum … Continue reading
Jaggard -v- Sawyer and Another; CA 18-Jul-1994
A court may substitute damages for the grant of an injunction if an injunction would be oppressive. Referring to Wrotham Park, Sir Thomas Bingham MR said: ‘I cannot, however, accept that Brightman J’s assessment of damages in the Wrotham Park … Continue reading
Filed under Damages, Land, Litigation Practice
Hussain -v- New Taplow Paper Mills Ltd; HL 1988
The plaintiff was injured in an accident at work. His employer was partly responsible. For 13 weeks he received full sick pay in accordance with his contract. He then received half his pre-accident earnings under the permanent health insurance scheme … Continue reading
Filed under Damages, Personal Injury
