Damages for Disastrous Cruise
The claimants had gone on a cruise organised by the defendants. It was described by them as ‘the trip of a lifetime.’ It did not meet their expectations. There had been several complaints, including that the cabin was noisy as the floor flexed with the ship. The company now appealed against an award of pounds 22,500 in damages.
Held: The court set out principles for the award of damages in this area, taking into account comparable cases and guidelines from the Judicial Studies Board, and cases on affront from discrimination law. The court should make the assessment under two heads, first the diminution in value and then the distress and disappointment, but avoiding any duplication of damages. When looking at the diminution, the actual sum paid mattered not the advertised cost. It was part of the task to measure the expectations against the reality. It had been wrong to award the cost of the extra dresses purchased for the trip. They were not worn because the claimants left the tour.
The general damages for inconvenience were reduced to pounds 4,000 and pounds 4,500 and pounds 3,500 for the diminution, totalling pounds 12,000.
Ward LJ, Richards LJ, Goldring LJ
[2010] EWCA Civ 389, [2010] 3 All ER 701, [2010] PIQR Q3, [2010] 2 All ER (Comm) 397
Bailii
England and Wales
Citing:
Cited – Hobbs v London and South Western Railway Company 1875
Damages for personal inconvenience ‘where it is sufficiently serious’ is recoverable at law (per Sir Alexander Cockburn CJ). Mellor J said however that: ‘for the mere inconvenience, such as annoyance and loss of temper, or vexation, or for being . .
Cited – Stedman v Swan’s Tours CA 1951
The plaintiffs sought damages for their disappointing holiday in Jersey. Instead of enjoying the superior rooms with a sea view in a first class hotel expected, the holiday party found that the rooms reserved for them were very inferior and had no . .
Cited – Farley v Skinner HL 11-Oct-2001
The claimant sought damages from the defendant surveyor. He had asked the defendant whether the house he was to buy was subject to aircraft noise. After re-assurance, he bought the house. The surveyor was wrong and negligent. A survey would not . .
Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Cited – Kepple-Palmer v Exus Travel QBD 2003
Gage J considered a holiday disappointment claim saying: ‘In my opinion the claimant is entitled to a sum representing diminution in value of the holiday. In assessing this sum I take into account that this was on any view a very expensive holiday. . .
Cited – Wright v British Railways Board HL 1983
An award of interest at a conventional rate includes an element in respect of the ‘real’ rate of return which an investor could expect to receive on a risk-free investment and an element to allow for inflation. Lord Diplock said: ‘that element of . .
Cited – Jarvis v Swans Tours Ltd CA 16-Oct-1972
The plaintiff had booked a holiday through the defendant travel tour company. He claimed damages after the holiday failed to live up to expectations.
Held: In appropriate cases where one party contracts to provide entertainment and enjoyment, . .
Cited – Adcock v Blue Sky Holidays Ltd CA 13-May-1980
The plaintiffs sought damages after their holiday was disappointing. The cost of the holiday for five people was andpound;98 per person. The county court judge had allowed damages separately for the five holiday makers, having regard to how the . .
Cited – Jackson v Horizon Holidays Ltd CA 5-Feb-1974
A family claimed damages for a disappointing holiday. The generous measure of damages given to the father was that the father was being fully compensated for his own mental distress, but the rule of privity of contract operated to bar the claim for . .
Cited – Vento v The Chief Constable of West Yorkshire Police (No 2) CA 20-Dec-2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed.
Held: The Court of Appeal looked to see whether there had been an error of law in the employment . .
Cited – Watts and Co v Morrow CA 30-Jul-1991
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his . .
Cited by:
Cited – Morris-Garner and Another v One Step (Support) Ltd SC 18-Apr-2018
The Court was asked in what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have received in return for releasing the defendant from the obligation which he failed to . .
These lists may be incomplete.
Updated: 17 July 2021; Ref: scu.408543
