Tag Archives: Damages

Jameel -v- Wall Street Journal Europe Sprl; HL 11-Oct-2006

The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had … Continue reading

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Filed under Damages, Defamation, Human Rights

Wrotham Park Settled Estates -v- Hertsmere Borough Council; CA 12-Apr-1993

Land had been purchased under compulsory purchase powers. It had been subject to restrictive covenants in favour of neighbouring land which would have prevented the development now implemented. The question was how the compensation should be calculated, as the diminution … Continue reading

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Filed under Damages, Land

Tullett Prebon Group Ltd -v- El-Hajjali; QBD 31-Jul-2008

The defendant signed an employment contract to join the claimants as a senior broker. He changed his mind and decided to stay in his existing job. The new employers sued for breach of contract. The defendant said that the claimants … Continue reading

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Filed under Contract, Damages, Employment

Wrotham Park Estate Ltd -v- Parkside Homes Ltd; ChD 1974

55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant.Held: The restrictive covenant not to develop other than in … Continue reading

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Filed under Contract, Damages, Land

Botham -v- The Ministry of Defence; QBD 26-Mar-2010

The claimant had been employed by the MOD. He was summarily dismissed for gross misconduct, and he was then placed on the list of persons unsuitable for work with children. He succeeded at the Tribunal in a claim for unfair … Continue reading

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Filed under Damages, Employment

Badger -v- The Ministry of Defence; QBD 16-Dec-2005

The widow of the deceased sought damages after his exposure to asbestos whilst working for the defendant. He had contracted lung cancer. The defendant argued that the deceased had continued to smoke knowing of the risks, and that he had … Continue reading

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Filed under Damages, Personal Injury

Patterson -v- Ministry of Defence; QBD 29-Jul-1986

The plaintiff had been exposed to asbestos when working for the defendant. X-rays revealed development of pleural plaques, but these would remain asymptomatic.Held: Material damage sufficient to set time running was the same as damage necessary to complete a claimant’s … Continue reading

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Filed under Damages, Limitation, Personal Injury

UYB Ltd -v- British Railways Board; CA 15-Nov-2000

When disallowing interest on a claim, the judge refused to allow the admission of the plaintiff’s expert report on quantum, dated two years before the writ, in rebuttal of the respondent’s assertion, that they had not known of the amount … Continue reading

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Filed under Damages, Litigation Practice

Wards Construction (Medway) Ltd -v- Barclays Bank Plc and Another; CA 1-Jul-1994

Land with an existing use value of £3,000 had been valued by the Lands Tribunal for purchase at £2.15m.Held: The ransom value decision by the Lands Tribunal was not wrong in law and was upheld. It was necessary to value … Continue reading

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Filed under Damages, Land

Harding -v- Wealands; HL 5-Jul-2006

The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law … Continue reading

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Filed under Damages, Jurisdiction, Personal Injury