Cairns J considered a request for the variation of a post-nuptial trust and said: ‘Now it is well established by authority that the variation may be such as to confer a benefit on a stranger to the settlement provided it also confers a benefit on children interested in the settlement, and I think the authorities … Continue reading Purnell v Purnell: 1961
COMPENSATION – compulsory acquisition of leasehold shop units in run-down shopping centre – redevelopment – scheme – no scheme world – whether demand from purchaser – developer in no scheme world creating ransom or development value – whether such value existed independently of the scheme – claimants’ case rejected – compensation awarded on authority’s figures … Continue reading Rank Leisure and others v Castle Vale Housing Action Trust: LT 13 Aug 2001
UTLC COMPENSATION – compulsory purchase -preliminary issue -small part of claimant’s land within the limits of deviation for Channel Tunnel Rail Link and eventually compulsorily acquired under Channel Tunnel Rail Link Act 1996 – claim advanced for value of land taken and severance and injurious affection – claim also advanced under rule 6 of Land … Continue reading Pattle and Another v the Secretary Of State for Transport: UTLC 21 Jul 2009
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
The plaintiff had been prosecuted by the defendant for pulling the emergency cord on a train without proper cause. After acquittal and payment of part of her costs, she sued for malicious prosecution, saying the damages were the part of her defence costs not awarded. The defendant replied that this was not claimable loss. Held: … Continue reading Berry v British Transport Commission: CA 1961
Hot Air balloon was an aircraft: damages limited The claimant was injured flying in the defendant’s hot air balloon. The defendant said that the journey was covered by the 1967 Regulations and the damages limited accordingly. The claimant appealed against a decision that the balloon was an aircraft. Held: The appeal was dismissed. There was … Continue reading Laroche v Spirit of Adventure (UK) Ltd: CA 21 Jan 2009
Claim included in statement of case covering multiple references filed within time – notice of reference filed after expiry of limitation period – whether claim referred to Tribunal within time – s.1, Land Compensation Act 1961 – s.9, Limitation Act 1980 – rr.7 and 28, Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 Martin Rodger, … Continue reading Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021
The plaintiff was not to be prevented from recovering the costs of private medical treatment.It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would have been earned after death is that they are an element for consideration … Continue reading Harris v Brights Asphalt Contractors Ltd: QBD 1953
COMPULSORY PURCHASE – COMPENSATION – office building acquired as part of comprehensive redevelopment of Salford City Centre – rule 2 value in no scheme world – s.5, Land Compensation Act 1961 – Compensation determined at pounds 5,597,500 [2021] UKUT 269 (LC) Bailii England and Wales Land Updated: 30 November 2021; Ref: scu.669251
Agreed compensation is not a penalty A hirer under a hire purchase agreement could terminate the hiring during the course of the term whereupon the hirer was required to pay a sum by way of agreed compensation. Held: A sum of money payable under a contract on the occurrence of an event other than a … Continue reading Campbell Discount Company Ltd v Bridge: CA 1961
UTLC Compensation – planning permission – compulsory acquisition of land required for new highway – appeal against certificate of appropriate alternative development restricting residential development to 100% affordable housing – development plan – material consideration of extant planning permission on balance of site – Land Compensation Act 1961, s18 – appeal allowed [2016] UKUT 172 … Continue reading Mintblue Propertiesltd, Re: Re: Car Park of Former E-Mag Factory: UTLC 7 Apr 2016
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because undisclosed covenants variously restricted future development of the land. Held: The standard solicitor’s undertaking to … Continue reading Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co: CA 21 May 1998
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947
The claimant had obtained a freezing order against the defendants. His claim having been dismissed, the court now considered if and what damages should be paid under the cross-undertaking he had given. Held: Setting out and applying the principles appropriate to such claims, the court found that the defendants had not established that, but for … Continue reading Soutzos v Asombang and Others: ChD 21 Jun 2011
UTLC COMPENSATION – compulsory purchase – dwelling house in poor repair – valuation of freehold interest – disturbance – other issues outside Tribunal’s jurisdiction – Land Compensation Act 1961 section 5, rules . .
COMPENSATION – Compulsory Purchase – preliminary issue – agricultural land value – s.5, Land Compensation Act 1961 . .
‘Where land is acquired compulsorily, compensation is assessed on the basis of a hypothetical sale in the open market. The legislation requires that hypothetical sale to be assessed on the basis of certain counter-factual assumptions; in particular . .
COMPENSATION – Compulsory Purchase – fire damaged former amusement arcade with accommodation over – assumed planning permission – valuation method – residual valuation – comparable valuation – s.5 and s.14, Land Compensation Act 1961 . .
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The company appealed against the terms of a certificate of appropriate development. Judges: Blake J Citations: [2010] EWHC 1784 (Admin) Links: Bailii Statutes: Land Compensation Act 1961 21 Jurisdiction: England and Wales Land, Damages Updated: 24 August 2022; Ref: scu.424083
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been stated and often restated that if the wrong is established the wrongdoer … Continue reading Bourhill v Young’s Executor: HL 5 Aug 1942
The case involved an appeal from the Land’s Tribunal arbitration award setting compensation for land to be acquired. The question was whether the value should have been that acceptable to a willing seller, or to a ‘a company regulated and subsidised by central government and subject to the political pressures as were the Claimants themselves’. … Continue reading Railtrack Plc (In Railway Administration) v Guinness Limited: CA 20 Feb 2003
LT COMPENSATION – purchase notice – land in use as public open space – terrace of houses on land demolished during second world war – whether Third Schedule rights to be assumed – held they were – compensation andpound;1,600,000 – Land Compensation Act 1961 ss 14(1) and 15(3). Citations: [2007] EWLands LCA – 118 – … Continue reading Greenweb Ltd v London Borough of Wandsworth: LT 17 Sep 2007
COMPENSATION – Compulsory purchase of land forming part of curtilage to rural property for road improvement scheme – disturbance – Land Compensation Act 1961 section 2, rule (6)- compensation determined at pounds 43,389.90 Citations: [2010] UKUT 121 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 18 August 2022; Ref: scu.415012
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973
LT COMPENSATION – Compulsory purchase of land for purpose of nature reserve to compensate for loss of SSSI caused by Cardiff Bay Barrage – preliminary issues – Land Compensation Act 1961 s 5 rule (3) – Pointe Gourde rule – held land had no special suitability or adaptability for purpose – rule (3) did not … Continue reading Waters and others v Welsh Development Agency: LT 3 Nov 2000
COMPENSATION – compulsory purchase – preliminary issues – planning permission – whether planning permission to be assumed on the basis that land allocated in development plan – whether any other expectation of planning permission as hope value – whether reserved matters approval pursuant to existing outline planning permission to be assumed – Land Compensation Act … Continue reading Thomas Newell Ltd v Lancaster City Council: UTLC 8 Feb 2010
The taxpayer company had received compensation for having been excluded from its business premises for a period until a compulsory purchase process failed. It treated the receipt as capital. The revenue said it was income. Held: The court considered how to treat mistakes of law by lower courts.Buxton LJ said: ‘We were assured on all … Continue reading Able (UK) Ltd v Revenue and Customs: CA 22 Nov 2007
Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide dunnage, failure to secure the coils and/or stacking them so that the bottom layers were excessively compressed. The House was asked to depart from an interpretation of the rules which had stood and been applied for more … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (“The Jordan II”): HL 25 Nov 2004
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020
Harman LJ described the section as ‘monstrous legislative morass’ and ‘a Slough of Despond’. Judges: Harman LJ Citations: [1964] 3 All ER 390, [1964] 1 WLR 1218 Statutes: Land Compensation Act 1961 6 Cited by: Appeal from – Davy v Leeds Corporation HL 1965 The Corporation declared an area in which the appellants owned some … Continue reading Davy v Leeds Corporation: CA 1964
The Council had compulsorily acquired land for highway improvement. It was within an area scheduled for residential development. Outline permission for development of neighbouring land had been granted but the development could not proceed until the road improvements, including the construction of a roundabout, had been carried out. The compulsorily acquired plot was the site … Continue reading Batchelor v Kent County Council: CA 1989
Lawton LJ considered the scheme of compensation under the 1961 Act and said: ‘The assessment of compensation in cases such as this is a most difficult task calling for the judicial use of fertile imagination. Assumptions have to be made (see ss 14, 15 and 16) and some realities disregarded (eg any increase in value … Continue reading Trocette Property Co Ltd v Greater London Council: CA 1974
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
UTLC COMPENSATION – PLANNING PERMISSION – certificate of appropriate alternative development – compulsory purchase of former railway land – whether planning permission would have been granted for change of use of former operational building(s) said to be in Green Belt – conditions to be attached to agreed scrap yard and fuel recovery uses – ss. … Continue reading Boulder Bridge Lane Trust v Barnsley Metropolitan Borough Council: UTLC 14 Mar 2017
The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. Proceedings were also begun in England, and the original Canadian claimant now appealed a … Continue reading OT Africa Line Ltd v Magic Sportswear Corporation and others: CA 13 Jun 2005
UTLC COMPENSATION – Compulsory Purchase – site in Salford – CPO as part of wider scheme – planning permissions – methods of valuation – residual method preferred – profits of development claim rejected in addition to market value – basic loss and other costs – compensation awarded at andpound;321,702.61 – Section 5, Land Compensation Act … Continue reading Michael v Salford City Council: UTLC 6 Sep 2016
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 not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
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 and wrongful dismissal. The employer had failed to follow the contractual procedure, and the dismissal … Continue reading Botham v The Ministry of Defence: QBD 26 Mar 2010
UTLC COMPENSATION – Compulsory purchase of 0.49 acre waste transfer station required pursuant to the London 2012 Olympic Park development – disturbance – loss of opportunity to expand business – temporary loss of profits – additional costs of new site not providing value for money – increased costs due to temporary relocation – professional fees … Continue reading G and B Compressor Hire Ltd v The Greater London Authority: UTLC 18 May 2015
UTLC COMPENSATION – Planning permission – Compulsory acquisition of land for village by-pass scheme – development potential – APPEAL under s.18 of the Land Compensation Act 1961 against a negative certificate issued pursuant to an application for a Certificate of Appropriate Alternative Development under s.17 of the Act – Appeal allowed [2014] UKUT 435 (LC) … Continue reading Edwards v Rhondda Cynon Taff County Borough Council: UTLC 14 Oct 2014
UTLC COMPENSATION – compulsory purchase – house in clearance area for new academy – valuation – Land Compensation Act 1961 section 5 – compensation determined at andpound;117,300 [2014] UKUT 421 (LC) Bailii England and Wales Land Updated: 22 December 2021; Ref: scu.537508
Where a certificate of appropriate development was issued for land to be acquired compulsorily, the land was to be valued at the date of the proposal to acquire it compulsorily allowing a discount for any damage to the value incurred by the long expectation of that particular proposal and its consequences and not by reference … Continue reading Newell and others v Secretary of State for the Environment and Another; Fletcher Estates (Harlescott) Ltd v Secretary of State for the Environment and Another: HL 17 Feb 2000
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road when leaving. That use was recognised as lawful under planning law. … Continue reading Cusack v London Borough of Harrow: SC 19 Jun 2013
COMPENSATION – Compulsory Purchase – Acquisition of 0.67 acre waste transfer station in connection with the London 2012 Olympic Park development – valuation – rental value – treatment of tenant’s payment on entry into lease – Land Compensation Act 1961 section 5, rule (2) – compensation determined at 1,475,000 pounds [2014] UKUT 219 (LC) Bailii … Continue reading Econometric Ltd and Others v Greater London Authority: UTLC 22 May 2014
UTLC COMPENSATION – Compulsory purchase of 1.1 acre waste transfer site -planning assumptions – valuation – disturbance – extinguishment of business – pre-possession ‘shadow period’ losses – management time – re-investment costs – Land Compensation Act 1961 section 5 rules (2) and (6), sections 14(3) and 16(3) and section 10A – compensation determined at andpound;2,580,747 … Continue reading Halpern and Others v Greater London Authority: UTLC 18 Mar 2014
The House looked at how personal injury damages shoud be set in cases of severe injury.Lord Pearce said: ‘[i]f a plaintiff has lost a leg, the court approaches the matter on the basis that he has suffered a serious physical deprivation no matter what his condition or temperament or state of mind may be’. And: … Continue reading Shephard v H West and Son Ltd: HL 27 May 1963
UTLC COMPENSATION – compulsory purchase – land in agricultural use acquired as part of major 420 acre strategic business park development – planning assumptions under ss 14-17 of the Land Compensation Act 1961 – whether permission to be assumed on basis that land ‘allocated’ in development plan – whether planning permission to be assumed under … Continue reading JS Bloor (Wilmslow) Ltd v Homes and Communities Agency: UTLC 1 Jul 2013
UTLC COMPENSATION – compulsory purchase – preliminary issue – freehold and long leasehold interests subject to occupational leases – whether value of interests to be assessed on assumption that terms of leases were as they would have been if no proposal to acquire – held they should not – Land Compensation Act 1961 ss 5 … Continue reading GPE (Hanover Square) Ltd v Transport for London: UTLC 28 May 2013
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004
No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998
The claimants wished to make employment law claims alleging, inter alia, that they had suffered racial discrimination and harassment, and had been paid less than the national minimum wage aganst the respondents. They had been assessed as having been subject to human trafficking. They appealed against dismissal of their claims under section 31 the 1964 … Continue reading Reyes and Another v Al-Malki and Another: CA 5 Feb 2015
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them providing future samples. They appealed a finding that they they had no losses, based on the suggestion that the … Continue reading Yearworth and others v North Bristol NHS Trust: CA 4 Feb 2009
The plaintiff complained of an article written in the Daily Mail which included the reporting of a report of a Parliamentary select committee. The reporting of the select committee’s report was privileged under the Parliamentary Papers Act 1840. At trial the judge held that the part of the article which reported on the proceedings in … Continue reading Dingle v Associated Newspapers: HL 1964
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form of an express and immediate dismissal automatically terminate the contract?’ Held: Mr … Continue reading Societe Generale, London Branch v Geys: SC 19 Dec 2012
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004
A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs’ shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting in a hypoglycaemic state in which the brain was starved of glucose and so was … Continue reading Mansfield and Another v Weetabix Limited and Another: CA 26 Mar 1997
UTLC COMPENSATION – compulsory purchase – open storage land acquired as part of Morrisons foodstore – whether Case 2 of First Schedule to Land Compensation Act 1961 applies where other land not developed in accordance with current development plan – whether demand for foodstore existed – whether land required for foodstore would have been made … Continue reading Graham v The Council of The City of Newcastle Upon Tyne: UTLC 20 Jan 2010
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when a conveyance into joint names indicates only that each party … Continue reading Stack v Dowden: HL 25 Apr 2007
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the restriction on compensation under the 1983 Act contravened the ECHR. Held: The detention was … Continue reading TTM v London Borough of Hackney and Others: CA 14 Jan 2011
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
Compulsory Purchase Compensation – Land As it Is The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as equal to certainty. Held: The appeal succeeded. The land should not … Continue reading Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
Interpretation of Double Taxation Agreements This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not domiciled here. He was liable to UK … Continue reading Anson v Revenue and Customs: SC 1 Jul 2015
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance companies and as to whether the compensation under the Acts counted as damages under the policies. The syndicate said … Continue reading Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997
Lost Earnings claim Continues after Death The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives appealed. Held: The House assumed that, because the claimant had brought … Continue reading Pickett v British Rail Engineering: HL 2 Nov 1978
LT COMPENSATION – compulsory purchase – acquisition of land adjoining highway for improvement of junction and to provide access to housing land – proposed link road to proposed bypass – scheme underlying the . .
The claimants had been air passengers who were unlawfully detained in Kuwait, when their plane was captured whilst on the ground on the invasion of Kuwait. They sought damages for that detention.
Held: There are no exceptions to the Warsaw . .
The applicants were passengers who claimed damages for psychiatric injury, after accidents in aircraft.
Held: The Convention created strict liability on air carriers, but explicitly restricted damages to be payable for ‘bodily injury’. That . .
The plaintiff sought damages following the death of her husband when working for the defendant. The limitation period expired on Saturday 5 September 1970. The writ was issued on the Monday following.
Held: The appeal succeeded. The writ was . .
The claimant was a property developer, which sought to sell a row of shops at auction. One lot was a Woolworths store, where the company owned both freehold and leasehold interests, with Woolworths occupying an underlease, which the claimant had . .
The claimant’s land was subject to a compulsory purchase order to make land available for a scheme to make possible a much larger and more valuable scheme. He asserted that the compensation should be calculated in accordance with the value of the . .
References: [2004] UKHL 49, Times 26-Nov-2004, [2005] 1 WLR 1363, [2005] 1 All ER 175 Links: Bailii, House of Lords Coram: Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Steyn Lord Hoffmann Lord Scott of Foscote Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004