Category: Damages

Boys v Chaplin: CA 1968

The plaintiff had been injured in a road accident in Malta. By the law of Malta, non-economic damage (pain and suffering, loss of amenity) was not actionable. Only financial loss was compensatable. The plaintiff brought proceedings in England. The court was asked whether the rule excluding liability for non-economic damage was part of the substantive law of Malta or concerned only the remedies which a Maltese court could provide.

Judges:

Lord Denning MR, Lord Upjohn

Citations:

[1968] 2 QB 1, [1967] EWCA Civ 3, [1968] 1 All ER 283, [1968] 2 WLR 328

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Boys v Chaplin HL 1969
The plaintiff sued in England for a traffic accident which had happened in Malta. The law of Malta would have denied certain elements of damages which would be available in this jurisdiction.
Held: Liability in respect of the road accident in . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Damages

Updated: 31 July 2022; Ref: scu.222527

Mattocks v Mann: CA 2 Sep 1992

The plaintiff was able to recover the cost of a car hire till his repair bill had been paid by the insurers, where he was himself unable to pay the bill. ‘. . at the present day it is generally accepted that, in what Lord Wright termed ‘the varied web of affairs’ that follows a sequence of events after an accident of this kind, it is only in an exceptional case that it is possible or correct to isolate impecuniosity, as it is sometimes called, or the plaintiff’s inability to pay for the cost of repairs from his own resources as a separate cause and as terminating the consequences of a defendant’s wrong. It seems to me necessary today to consider whether, having regard to all the circumstances of the case and the resources available to a plaintiff, resources known by the defendant or her representatives to be of a kind that will not be able to provide for the repairs themselves, in all the circumstances, the plaintiff has acted reasonably and with commercial prudence.’

Judges:

Beldam LJ, Nourse and Stocker LJJ

Citations:

Gazette 02-Sep-1992, [1993] RTR 13

Jurisdiction:

England and Wales

Cited by:

Cited – Lagden v O’Connor HL 4-Dec-2003
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 31 July 2022; Ref: scu.83484

Urban Edge Group Ltd v London Underground Ltd: UTLC 4 Jun 2009

UTLC COMPENSATION – compulsory purchase – preliminary issues – planning permission – whether permission to be assumed on basis that land ‘allocated’ in development plan – whether planning permission to be assumed under no-scheme rule – cancellation assumption – chances of planning permission for different development options – Spirerose – Land Compensation Act 1961 s16(2).

Citations:

[2009] UKUT 103 (LC)

Links:

Bailii

Statutes:

Land Compensation Act 1961 16(2)

Jurisdiction:

England and Wales

Land, Damages

Updated: 30 July 2022; Ref: scu.373411

SRM Global Master Fund Lp and Others v Her Majesty’s Treasury: CA 28 Jul 2009

The claimants appealed rejection of their claim for compensation as shareholders on the rescue of Northern Rock plc.

Citations:

[2009] EWCA Civ 788

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Damages

Updated: 30 July 2022; Ref: scu.365617

Parsons v BNM Laboratories Ltd: CA 1963

Unemployment benefit was deductible from damages for wrongful dismissal. The benefit was not ‘purely personal’, the employer had made a contribution, and the plaintif had a duty to mitigate his loss (Sellers LJ). The benefit was not ‘truly analogous’ to insurance moneys’ (Harman LJ). It was not too remote a consequence of the wrongdoing and was payable as a matter of general right rather than by virtue of a private insurance policy (Pearson LJ).

Judges:

Sellers LJ, Harman LJ, Pearson LJ

Citations:

[1963] 2 All ER 658, [1964] 1 QB 95, [1963] 2 WLR 1273

Jurisdiction:

England and Wales

Cited by:

Cited – Parry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
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 . .
Lists of cited by and citing cases may be incomplete.

Damages, Employment

Updated: 28 July 2022; Ref: scu.237508

Hymowitz v Eli Lilly and Co: 1989

(Court of Appeals of New York) The court considered the market share doctrine for apportioning responsibility between tortfeasors: ‘We hold that the liability of DES producers is several only, and should not be inflated when all the participants in the market are not before the court in a particular case. We understand that, as a practical matter, this will prevent some plaintiffs from recovering 100% of their damages. However, we eschewed exculpation to prevent the fortuitous avoidance of liability, and thus, equitably, we decline to unleash the same forces to increase a defendant’s liability beyond its fair share of responsibility.’

Judges:

Wachtler CJ

Citations:

(1989) 539 NE 2d 1069

Jurisdiction:

England and Wales

Cited by:

Cited – Barker v Corus (UK) Plc HL 3-May-2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the . .
Lists of cited by and citing cases may be incomplete.

International, Damages

Updated: 28 July 2022; Ref: scu.241495

Solectron Scotland Ltd v Roper and others: EAT 31 Jul 2003

The court was asked whether, following a TUPE transfer, a contractual term with regard to the making of enhanced redundancy payments had been preserved.
Held: Elias J said: ‘The fundamental question is this: is the employee’s conduct, by continuing to work, only referable to his having accepted the new terms imposed by the employer? That may sometimes be the case. For example, if an employer varies the contractual terms by, for example, changing the wage or perhaps altering job duties and the employees go along with that without protest, then in those circumstances it may be possible to infer that they have by their conduct after a period of time accepted the change in terms and conditions. If they reject the change they must either refuse to implement it or make it plain that by acceding to it, they are doing so without prejudice to their contractual rights. But sometimes the alleged variation does not require any response from the employee at all. In such a case if the employee does nothing, his conduct is entirely consistent with the original contract continuing; it is not only referable to his having accepted the new terms. Accordingly, he cannot be taken to have accepted the variation by conduct.
So, where the employer purports unilaterally to change terms of the contract which do not immediately impinge on the employee at all – and changes in redundancy terms will be an example because they do not impinge until an employee is in fact made redundant – then the fact that the employee continues to work knowing that the employer is asserting that that is the term for compensation on redundancies, does not mean that the employee can be taken to have accepted that variation in the contract.’

Judges:

The Honourable Mr Justice Elias

Citations:

[2003] EAT 0305 – 03 – 3107, [2003] UKEAT 0305 – 03 – 3107, EAT/305/03, [2004] IRLR 4

Links:

Bailii, Bailii, EATn

Jurisdiction:

England and Wales

Citing:

Cited – Jones v Associated Tunnelling Co Ltd EAT 16-Oct-1981
The tribunal had been asked as to the circumstances under which the acceptance of new employment terms can be inferred from an employee’s continuing to work.
Browne-Wilkinson P said: ‘The starting point must be that a contract of employment . .

Cited by:

Cited – Khatri v Cooperatieve Centrale Raiffeisen-Boerenleenbank Ba CA 23-Apr-2010
The claimant appealed against refusal of summary judgment on his claim for payment of a discretionary employment bonus by the defendant.
Held: The appeal succeeded and summary judgment was given. The contract properly construed did give rise . .
Cited – Garratt v Mirror Group Newspapers Ltd CA 13-Apr-2011
The claimant had been employed by the defendant. They made him redundant. He claimed and enhanced payment saying that his emloyment was covered by a collective agreement, but when he refused to sign a compromise agreement, the company paid him only . .
Cited – Davies v London Borough of Haringey QBD 17-Oct-2014
The claimant had been employed as a teaching assistant. She came to work with the union, eventually being released from her work full time to undertake the role within the union. The defendant suspended the claimant from her role for alleged . .
Lists of cited by and citing cases may be incomplete.

Damages, Employment

Updated: 28 July 2022; Ref: scu.187835

Luke v Kingsley Smith and Company and Others: QBD 23 Jun 2003

The claimant sued various of those who had represented him in a claim against the Ministry of Defence. He believed that he had had to accept an inadequate sum in settlement after being at risk of losing the claim for non-prosecution. The defendant solicitors sought contribution from the solicitors who had taken over the case and from counsel.
Held: The question was: ‘when did the loss of the right to proceed further with the action occur?’ It was wrong to say on behalf of the second and subsequent lawyers that the action had already been lost by the time they assumed responsibility. All three defendants may have contributed to the loss. There had been only one loss and: ‘one damage; that is, the loss of the chance to pursue the action successfully to trial; and that that loss was occasioned by the combined effect of the torts of Kingsley Smith and of Wansbroughs and Miss Addy.’

Judges:

Davis J

Citations:

[2003] EWHC 1559 (QB), [2007] Lloyd’s Rep PN 29

Links:

Bailii

Statutes:

Civil Liability (Contribution) Act 1978 1(1)

Citing:

Cited – Rahman v Arearose Limited and Another, University College London, NHS Trust CA 15-Jun-2000
The claimant had suffered a vicious physical assault from which the claimant’s employers should have protected him, and an incompetently performed surgical operation. Three psychiatrists agreed that the aetiology of the claimant’s very severe . .
Cited – 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 . .
Cited – Birkett v James HL 1977
Exercise of Power to Strike Out
The court has an inherent power to strike out an action for want of prosecution, and the House set down the conditions for its exercise. The power is discretionary and exercisable only where (a) there has been inordinate and inexcusable delay and . .
Cited – Webb v Barclays Bank Plc and Portsmouth Hospitals NHS Trust CA 16-Jul-2001
The claimant had suffered polio almost all her life. She fell, and was recommended to wear a calliper. She refused. Ultimately, an amputation was advised and in due course her leg was amputated above the knee by surgical operation. She commenced . .
Cited – Hatton v Messrs Chafes (A Firm) CA 13-Mar-2003
The defendant firm appealed against a refusal to strike out the claimant’s claim for professional negligence, asserting that the judge should have considered the limitation issue in the light of Khan v Falvey.
Held: By the time that the . .
Cited – Khan v R M Falvey and Co (a Firm) CA 22-Mar-2002
The claimant sought damages from his former solicitors for failing to act to avoid his case being struck out. The second action was itself delayed, and the defendants asserted that the cause of action occurred not when his claim was actually struck . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 28 July 2022; Ref: scu.347394

Williams v Ferrosan Ltd: EAT 5 Mar 2004

Acting on guidance, the parties representatives and the tribunal had assumed that part of the award relating to loss of future earnings would not be taxable. The question now was whether the tribunal had power of its own motion to review its decision.
Held: ‘There is a difference between saying that a case to which rule 13(1)(e) applies will in practice be unusual or exceptional and saying that rule 13(1)(e) should be read as if inserted into it are the words ‘exceptional circumstances’. We see no reason now in the light of rule 10 that some sort of: ‘exceptionality hurdle’ should be read into rule 13(1)(e). One of the many advantages of the Civil Procedure Rules has been that a rule which, prior to the introduction of the CPR, had become ‘encrusted’ by numerous cases can be looked at afresh.’

Judges:

Hooper J

Citations:

UKEAT/1005/03, [2004] UKEAT 1005 – 03 – 0503, [2004] IRLR 607

Links:

EATn, Bailii

Statutes:

Employment Tribunal (Constitution) Regulations 2001 13

Citing:

Cited – British Midland Airways Limited v Lewis EAT 1978
An airline pilot complained that he had been unfairly dismissed and the Industrial Tribunal, without considering whether or not they had jurisdiction to hear the complaint on the ground that the employee might ordinarily work abroad, found that the . .
Cited – Trimble v Supertravel Ltd EAT 1982
The Industrial Tribunal had held that the appellant’s dismissal was unfair but then decided that she had failed to mitigate her loss. At the conclusion of the hearing, the Tribunal announced its decision and stated that she was to get no . .
Cited – Harber v North London Polytechnic EAT 29-Jun-1993
. .
Cited – Dhedhi v United Lincolnshire Hospitals NHS Trust EAT 22-Jan-2002
The Employment Tribunal had decided that a Polkey discount was to be made. At a subsequent remedies and review hearing, the Tribunal allowed the appellant to re-open that issue and having heard evidence, the Tribunal altered the percentage Polkey . .
Cited – D G Moncrieff (Farmers) v MacDonald EAT 1978
The ability of a tribunal to revisit its own judgments, the review procedure, was only appropriate for use in exceptional circumstances. . .

Cited by:

Recommended – Sodexho Ltd v Gibbons EAT 14-Jul-2005
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. . .
Cited – Barke v Seetec Business Technology Centre Ltd CA 16-May-2005
Challenge to the lawfulness of the practice of the EAT in referring back to the IT deficient reasons with an invitation to expand upon them.
Held: The words ‘disposing of’ in the section meant ‘dealing with conclusively’ rather than . .
Cited – Tamborrino v Kuypers EAT 13-Oct-2005
EAT Practice and Procedure: Review -and- Withdrawal
Claim treated as withdrawn under Employment Tribunal Rules 25(3). Misapplication of law on facts. Review application similarly dismissed. Review judgment . .
Cited – Slaney v Culina Logistick Gmbh T/A Cullina Logistics EAT 21-Oct-2005
EAT Disability Discrimination: Disability -and- Practice and Procedure: Review
New point allowed on appeal – deemed past disability under the Disability Discrimination Act, Schedule 1, para 7. Original . .
Cited – Council of The City of Newcastle Upon Tyne v Marsden (Rev 1) EAT 23-Jan-2010
EAT PRACTICE AND PROCEDURE – Review
Claim under Disability Discrimination Act 1995 dismissed at PHR because Claimant not available to give evidence as to long-term effect of injury – Judge willing to offer . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 28 July 2022; Ref: scu.347334

Vestergaard Frandsen A/S and Others v Bestnet Europe Ltd and Others: ChD 26 Jun 2009

Arnold J reviewed the authorities and expressed his conclusion that an injunction will not be granted to prevent a future publication of information that has ceased to be confidential. He qualified this statement in relation to information that could be regarded as having a limited degree of confidentiality even though it could be ascertained from public domain sources. He also separately discussed the question whether a court had power to grant an injunction to prevent a defendant from benefiting from a past misuse of confidential information even at a time when the information has ceased to be confidential.

Judges:

Arnold J

Citations:

[2009] EWHC 1456 (Ch), [2010] FSR 2

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Vestergaard Frandsen As and Another v Bestnet Europe Ltd and Others ChD 3-Apr-2009
The claimant companies alleged misuse of trade secrets acquired by the defendants through former employees. . .
Cited – Roger Bullivant Ltd v Ellis CA 1987
The plaintiffs sought various remedies against an ex-employee who had set up a company in competition with the plaintiffs. One was for breach of confidence in respect of a card index of customer contacts, a copy of which the first defendant had . .
Cited – Universal Thermosensors Ltd v Hibben and Others ChD 8-Jul-1992
After complex litigation, the remaining issues were a claim for damages by the claimant in respect of the defendant’s misuse of confidential information and a counterclaim by the defendants for loss falling within the claimant’s cross-undertaking in . .
Explained – Schering Chemicals Ltd v Falkman Ltd CA 1982
The Defendants’ professional skills were engaged to present the plaintiff company in a good light, and an injunction was granted to restrain them from doing the opposite. Sach LJ said: ‘even in the commercial field, ethics and good faith are not to . .

Cited by:

Cited – British Broadcasting Corporation v Harpercollins Publishers Ltd and Another ChD 4-Oct-2010
The claimant sought an injunction and damages to prevent the defendant publishing a book identifying himself as ‘the Stig’ saying that this broke his undertaking of confidentialty as to his identity, a necessary part of the character in the TV . .
Appeal From – Vestergaard Frandsen Sa ( Mvf3 Aps) and Others v Bestnet Europe Ltd and Others CA 20-Apr-2011
The claimants manufactured insecticidal fabrics. They claimed that the defendants had produced their own product using confidential information obtained from their former employees now working for the defendant. The courts had granted injunctions . .
Appeal from – Vestergaard Frandsen A/S and Others v Bestnet Europe Ltd and Others CA 25-Apr-2013
Appeal by the defendants from the judgment and order of Arnold J in which he dismissed the defendants’ application to strike out in part the claimants’ Amended Points of Claim in an enquiry as to damages for breach of confidence. . .
At ChD – Vestergaard Frandsen A/S and Others v Bestnet Europe Ltd and Others SC 22-May-2013
The claimant companies appealed against a reversal of their judgment against a former employee that she had misused their confidential trade secrets after leaving their employment. The companies manufactured and supplied bednets designed to prevent . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages, Litigation Practice

Updated: 28 July 2022; Ref: scu.347269

Moohan v City of Glasgow Council: OHCS 11 Mar 2003

The pursuer sought damages after an accident involving a stretching or twisting movement, which gave rise to no psychological consequences and in which the symptoms resolved in a relatively shortly time. It was accepted that any symptoms experienced by the pursuer after a date some twenty eight months after the accident did not relate to the accident.

Judges:

Lord Brodie

Citations:

[2003] ScotCS 58, 2003 SLT 745

Links:

Bailii, Bailii, ScotC

Jurisdiction:

Scotland

Cited by:

Cited – Iseabal Emslie v Anne Bell OHCS 12-Aug-2004
The defender had driven into the back of the pursuer’s car, causing the injuries. She claimed that the accident had aggravated a pre-existing slight injury to her knee.
Held: The pursuer’s accounts of her injuries had not been entirely . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 28 July 2022; Ref: scu.183994

The Trade Fortitude: 1986

The purpose of section 19A was to make explicit powers to award interest which had previously rested on implication.

Judges:

Dillon LJ

Citations:

[1986] 2 Lloyd’s Rep 209

Statutes:

Arbitration Act 1950 19A

Jurisdiction:

England and Wales

Cited by:

Cited – Lesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
Lists of cited by and citing cases may be incomplete.

Transport, Arbitration, Damages

Updated: 28 July 2022; Ref: scu.185181

Farrington v Menzies-Haines: QBD 7 Mar 2019

Application for a further interim payment by the claimant arising out of a road traffic accident on 8 January 2016 when the claimant’s motorcycle was in collision with a motorcar being driven by the defendant out of a junction and across the claimant’s path.

Citations:

[2019] EWHC 1297 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Damages

Updated: 26 July 2022; Ref: scu.639711

Energysolutions EU Ltd v Nuclear Decommissioning Authority: CA 15 Dec 2015

The claimant had tendered for a part in a major nuclear decommissioning project.

Judges:

Lord Dyson MR, Tomlinson, Vos LJJ

Citations:

[2015] EWCA Civ 1262, [2015] WLR (D) 528, 163 Con LR 27, [2016] PTSR 689

Links:

Bailii, WLRD

Statutes:

Public Contracts Regulations 2006

Jurisdiction:

England and Wales

Citing:

Appeal from – Energy Solutions EU Ltd v Nuclear Decommissioning Authority TCC 23-Jan-2014
This litigation concerns the procurement process for a contract in relation to the decommissioning of nuclear installations. The Claimant is a company which provides integrated waste management and decommissioning services for the nuclear industry. . .

Cited by:

Appeal from – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Lists of cited by and citing cases may be incomplete.

Administrative, Damages, European

Updated: 26 July 2022; Ref: scu.557082

BCL Old Co Ltd and Others v BASF Se and Others: CA 22 May 2009

The claimant sought to bring an action for damages arising from an alleged breach of competition rules by the defendant. The defendant argued that the claim was out of time being outside the two year period required.
Held: The respondent’s appeal succeeded. Where there was an appeal against the infringement itself, the two year period was extended pending the resolution of that appeal. Where the appeal lay only against the penalty imposed, the period was not extended. The clamants would have to apply again to extend the limitation period so as to allow a claim.

Judges:

Lord Justice Waller, Lord Justice Lloyd and Lord Justice Richards

Citations:

[2009] EWCA Civ 434, Times 09-Jul-2009, [2009] Bus LR 1516, [2009] UKCLR 789

Links:

Bailii

Statutes:

Competition Act 1998 47A

Jurisdiction:

England and Wales

Citing:

See Also (CAT costs) – BCL Old Co Ltd and others v Aventis Sa and others CAT 28-Jan-2005
Applications for security for costs. . .
See Also – BCL Old Co Ltd and others v Basf Se and others CAT 25-Sep-2008
The claimant sought damages after the defendants had been found to be part of an unlawful price maintenance cartel. The respondent argued that the claim was out of time.
Held: The claim could proceed. . .
See Also – BCL Old Co Ltd v Basf Se CAT 17-Oct-2008
The Tribunal unanimously decided that ‘the relevant date’ under rule 31(2) of the Tribunal Rules for the purposes of the Claimants’ claim fell on the expiry of the period during which an appeal against the relevant judgment of the CFI could have . .

Cited by:

See Also – BCL Old Co Ltd and Others Basf Se (Formerly Basf Ag) and Others CAT 19-Nov-2009
The claimants wished to claim damages arising from the participation by the defendants in an unlawful cartel. The Court of Appeal had said that the claim was out of time, and that the claimants would have to seek an extension of time to bring their . .
See Also – BCL Old Co Ltd and Others v Basf Se (Formerly Basf Ag) and Others CAT 12-Feb-2010
. .
See Also – BCL Old Co Ltd and Others v BASF Se (Formerly BASF Ag) and Others CAT 12-Feb-2010
. .
See Also – BCL Old Co Ltd and others v Basf Se and Others CA 12-Nov-2010
. .
See Also – BCL Old Co Ltd and Others v BASF Plc and Others SC 24-Oct-2012
The claimant sought damages after it had been established in 2001 that the defendants had engaged in an unlawful cartel to maintain the prices of vitamins. The defendants had paid fines, and now argued that the claims, begun in 2008, were out of . .
Lists of cited by and citing cases may be incomplete.

Commercial, Damages, European

Updated: 26 July 2022; Ref: scu.346305

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04: ECJ 13 Jul 2006

ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – Limitation period – Punitive damages.
A cae was referred from Italy where a claim was made for exemplary or punitive damages, a claim unknown in Italian law: ‘As to the award of damages and the possibility of an award of punitive damages, in the absence of Community rules governing the matter, it is for the domestic legal system of each member state to set the criteria for determining the extent of the damages, provided that the principles of equivalence and effectiveness are observed.
In that respect, in accordance with the principle of equivalence, it must be possible to award particular damages, such as exemplary or punitive damages, pursuant to actions founded on the Community competition rules, if such damages may be awarded pursuant to similar actions founded on domestic law.’

Citations:

C-295/04, [2006] EUECJ C-295/04, [2006] ECR 1-6619, [2007] Bus LR 188

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-298/04 ECJ 13-Jul-2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on . .
See Also – Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04 ECJ 13-Jul-2006
Europa Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on . .

Cited by:

Cited – Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others ChD 19-Oct-2007
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement.
Held: In an action for breach . .
Cited – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 26 July 2022; Ref: scu.243108

Ruabon Steamship Co v The London Assurance Co: HL 1900

Lord Halisbury said: ‘I cannot understand how it can be asserted that it is part of the common law that where one person gets some advantage from the act of another, a right of contribution towards the expense from that act arises.’ Rejecting the argument, he continued: ‘But this is the first time in which it has sought to advance that principle where there is nothing in common between the two persons, except that one person has taken advantage of something that another person has done, there being no contract between them, there being no obligation by which each of them is bound, and the duty to contribute is alleged to arise only on some general principle of justice, that a man ought not to get an advantage unless he pays for it. So that if a man were to cut down a wood which obscured his neighbour’s prospect and gave him a better view, he ought in principle to be compelled to contribute to cutting down the wood.’

Judges:

Lord Halisbury

Citations:

[1900] AC 61

Jurisdiction:

England and Wales

Cited by:

Cited – Becerra v Close Brothers ComC 25-Jun-1999
ComC Claim for fee for introducing successful bidder at a controlled auction – no express contract – no implied contract based on City practice – claim for quantum meruit failed because no express or implied . .
Distinguished – TFL Management Services Ltd v Lloyds Bank Plc CA 14-Nov-2013
The court was asked: ‘A spends money seeking a judgment for the recovery of a debt from B. A fails to recover the debt because, so the court holds, the debt is not in fact owed by B to A (as A mistakenly thought), but owed by B to C. C then recovers . .
Cited – Revenue and Customs v The Investment Trust Companies SC 11-Apr-2017
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
Lists of cited by and citing cases may be incomplete.

Contract, Damages

Updated: 26 July 2022; Ref: scu.245320

Metal und Rohstoff AG v Donaldson Lufkin and Jenrette Inc: CA 27 Jan 1989

The claimants sued for negligent advice and secured judgment. The defendant company became insolvent, and so the plaintiff now sued the US parent company alleging conspiracy. The court considered a tort of malicious prosecution of a civil claim, saying the plaintiff must establish that the defendant had instigated ‘without reasonable and probable cause’, but then lost the previous proceedings and have been actuated by malice, and have suffered damage. The court doubted the general existence of the tort.
No action lies, save for very limited exceptions in the nature of abuse of process, for recompense for damage caused by litigation itself. Slade LJ considered the notion of a constructive trust: ‘No satisfactory definition of a constructive trust has yet been enunciated, and perhaps none ever will be; for the concept is still uncertain and the boundaries obscure . . Nevertheless, as appears from . . Snell, there are, among others, at least three well-established categories of constructive trust. A person receiving property which is already subject to a trust becomes a constructive trustee thereof either (1) if he receives the trust property with actual or constructive notice that it is trust property and that the transfer to him is in breach of trust (which we will call a ‘receipt of property constructive trust’) or (2) if, after receiving it, otherwise than as a purchaser for value without notice of the trust, he acquires notice of the trust and thereafter deals with it in a manner inconsistent with the trust (which we will call a ‘wrongful dealing constructive trust’), and (3) a person who does not actually himself receive the trust property, may also be treated as a constructive trustee if, . . he assists with knowledge a fraudulent design on the part of the trustees.’
Slade LJ said: ‘Although we have not heard full argument on this point, we have great doubt whether any general tort of maliciously instituting civil proceedings exists. The courts have countenanced claims by a plaintiff complaining of a malicious and unjustified arrest or of malicious and unjustified institution of bankruptcy or liquidation proceedings, but the cases have not (to our knowledge) gone beyond these limited categories. There are dicta suggesting that in the case of an ordinary civil action, however maliciously and unjustifiably brought, the successful defendant has no cause of action in tort.’

Judges:

Slade, Stocker and Bingham LJJ

Citations:

[1990] 1 QB 391, Gazette 04-Oct-1989, [1989] 3 All ER 14, [1989] 3 WLR 563

Jurisdiction:

England and Wales

Citing:

Cited – Lonrho Ltd v Shell Petroleum Co Ltd (No 2) HL 1-Apr-1981
No General Liability in Tort for Wrongful Acts
The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, . .
Appeal from – Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc and another QBD 29-Mar-1988
The plaintiff had suffered damage when given negligent advice. It obtained a judgment but the company became insolvent, and it now sought to sue the US parent company in conspiracy. The defendant said that to establish conspiracy it was necessary . .

Cited by:

Cited – Balkanbank v Naser Taher and Others QBD 13-Feb-1995
The plaintiff had obtained a worldwide Mareva injunction, giving an undertaking for damages. On its discharge, the defendants sought to make a counterclaim. The defendant company and its subsidiaries sought to counterclaim for their damages suffered . .
Cited – Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2) CA 23-May-2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through . .
Cited – Islamic Republic of Pakistan v Zardari and others ComC 6-Oct-2006
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings . .
Cited – Gregory v Portsmouth City Council CA 5-Nov-1997
The plaintiff councillor had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution.
Held: The categories of malicious prosecution are closed, and it was . .
Applied – Kitechnology BV v Unicor GmbH CA 1995
The plaintiffs owned confidential information relating to novel plastic coated pipes; the defendants were German companies and individuals domiciled in Germany, who it was alleged had used the plaintiffs’ confidential information. One issue the . .
Cited – Google Inc v Vidal-Hall and Others CA 27-Mar-2015
Damages for breach of Data Protection
The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 26 July 2022; Ref: scu.200497

Brooks v Charleroi International Ltd: 1996

Citations:

ET3100350/96

Jurisdiction:

England and Wales

Cited by:

Compared – Bennett T/A Foxbar Hotel v Reid EAT 26-Sep-2001
The employer appealed an award of ten thousand pounds for injured feelings, following a finding of sex discrimination. It was said that the award went beyond compensation to punishment. To vary such an award, the EAT must find some error of . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Damages

Updated: 26 July 2022; Ref: scu.183325

Hurditch v Sheffield Health Authority: CA 1989

The plaintiff claimed for exposure to asbestosis. The parties could not agree as to his prognosis, and he claimed provisional damages. A written offer for provisional damages was made and accepted. The plaintiff requested judgment lodging a statement of medical facts.
Held: There was sufficient evidence of an agreement satisfying the requirements of the Act.

Citations:

[1989] QB 562, [1989] 2 WLR 827

Statutes:

Supreme Court Act 1981 832A

Jurisdiction:

England and Wales

Cited by:

Distinguished – Green v Vickers Defence Systems and Others CA 12-Jun-2002
The deceased died after commencing a claim for personal injuries for mesothelioma. The action had been compromised with an agreement for a provisional consent order. After his death, his widow sought to claim on the basis as settled.
Held: . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 26 July 2022; Ref: scu.182278

Cassel v Riverside Health Authority: 1994

A person who has been rendered a patient as a result of the actions of a tortfeasor is entitled to require the tortfeasor to bear the costs of the receiver as part of the damages and, as part of the damages, they cannot escape a discount for contributory negligence.

Citations:

[1994] PIQR Q168

Jurisdiction:

England and Wales

Cited by:

Cited – Willbye (By Her Mother and Next Friend) v Gibbons CA 19-Mar-2003
Both parties appealed against the lower court’s orders. The claimant, a child was injured by a car driven by the defendant, who had been found 25% responsible. The claimant had suffered head injuries, and subsequently epilepsy.
Held: The award . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 25 July 2022; Ref: scu.180034

Howkins and Harrison (A Firm) v Tyler and Another: ChD 9 Mar 2000

Having paid out pounds 400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant sought to recover the payment from the defendant under the Act. The application was refused. The Act could only operate for a claim for the same damage. What was lost by the lender from the default was not the same. Compensation was not the same as recovery of a debt, and the claimant could not claim a subrogation for the lender.

Citations:

Gazette 09-Mar-2000

Statutes:

Civil Liability (Contributions) Act 1978 1(1)

Jurisdiction:

England and Wales

Citing:

Appealed to – Howkins and Harrison (A Firm) v Tyler and Another CA 3-Aug-2000
Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant also sought to recover the payment from the defendant under the Act. The application to stay the . .

Cited by:

Cited – 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 . .
Appeal from – Howkins and Harrison (A Firm) v Tyler and Another CA 3-Aug-2000
Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant also sought to recover the payment from the defendant under the Act. The application to stay the . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 25 July 2022; Ref: scu.81503

Page v Newman: 1829

Under common law ‘the long-established rule that interest is not due on money secured by a written instrument, unless it appears on the face of the instrument that interest was intended to be paid, or unless it be implied from the usage of trade, as in the case of mercantile instruments.’

Judges:

Lord Tenterden CJ

Citations:

(1829) 9 B and C 378

Jurisdiction:

England and Wales

Cited by:

Cited – London, Chatham and Dover Railway Co v South Eastern Railway Co HL 1893
The Lord Chancellor was considering the position of a creditor whose debtor refused to exchange accounts as agreed, thus preventing the creditor from quantifying the debt.
Held: The House declined to alter the rule in Page -v- Newman.
Cited – President of India v La Pintada Compagnia Navigacia SA (‘La Pintada’) HL 1985
The house decided against altering the rule in Page -v- Newman. ‘The common law does not award general damages for delay in payment of a debt beyond the date when it is contractually due’ The power given to the court under s 35A is discretionary. It . .
Cited – Lesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
Cited – Sempra Metals Ltd v Inland Revenue Commissioners and Another HL 18-Jul-2007
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 24 July 2022; Ref: scu.185176

Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009

The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the conduct of the trial.’
Held: The claim failed. ‘a true analysis of the law is in any event less favourable to Mr Siddall; it is not suggested that he could establish beyond reasonable doubt that he was clearly innocent thereby bringing himself within the approach advocated by Lord Steyn.’ The claimant’s case and that of the other accused discharged ta the same time were not eth same and no argument from unequality in treatment would succeed.

Judges:

Leveson LJ, Sweeney J

Citations:

[2009] EWHC 482 (Admin)

Links:

Bailii

Statutes:

Criminal Justice Act 1988 133

Jurisdiction:

England and Wales

Citing:

Cited – Harris, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Dec-2007
The court considered an application for compensation by a former prisoner whose conviction had been overturned. . .
triticised – In re Boyle, Judicial Review QBNI 24-Oct-2007
The court considered an appeal by the claimant against refusal of compensation where he had served a term of imprisonment, but later had his conviction overturned. The conviction had relied upon challenged admissions which two police officers . .
Cited – Clibery, Regina (on the Application of) v Secretary of State for the Home Department Admn 30-Jul-2007
The claimant sought judicial review of a decision of the Home Secretary, to refuse his application for compensation. He had first been convicted and imprisoned and then had his conviction quashed. The respondent did not think that the conviction was . .
See Also – Siddall and Brooke, Regina v CACD 15-Jun-2006
The court considered cases referred to it by the Criminal Cases Review Commission. Each related to convictions for sexual assaults on children in care. New material including several untrue allegations by the complainants suggested that the . .
Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
Cited – Allen (formerly Harris), Regina (on the Application of) v Secretary of State for Justice CA 15-Jul-2008
The claimant appealed against refusal of a review of the defendant to allow her compensation after her conviction for manslaughter of her infant son was quashed.
Held: The conviction had been based on flawed expert evidence.
Article 6(2) . .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – O’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .

Cited by:

Cited – Adams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Lists of cited by and citing cases may be incomplete.

Damages, Criminal Practice

Updated: 23 July 2022; Ref: scu.323741

Takitota v the Attorney General and others: PC 18 Mar 2009

(Bahamas) The applicant a tourist had been wrongfully detained in appalling conditions in the Bahamas for over eight years after he lost his documents. He now appealed against an award of $500,000 dollars compensation.
Held: ‘it would not be appropriate to make an award both by way of exemplary damages and for breach of constitutional rights. When the vindicatory function of the latter head of damages has been discharged, with the element of deterrence that a substantial award carries with it, the purpose of exemplary damages has largely been achieved. ‘ The figure for exemplary damages should not be disturbed. The main award was however miscalculated. Where an award represented past losses, it was wrong to discount it for the receipt of a capital sum. The Board would not substitute its own calculation, and therefore remitted the question.

Judges:

Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2009] UKPC 12

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Inniss v The Attorney General of Saint Christopher and Nevis PC 30-Jul-2008
(Saint Christopher and Nevis) . .
Cited – Merson v Cartwright, The Attorney General PC 13-Oct-2005
(Bahamas) The defendant police had appealed the quantum of damages awarded to the claimant for assault and battery and false imprisonment and malicious prosecution, saying that she had been doubly compensated. The claimant now appealed reduction of . .
Cited – Cassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .
Cited – Attorney General of Trinidad and Tobago v Ramanoop PC 23-Mar-2005
(Trinidad and Tobago) A police officer had unjustifiably roughed up, arrested, taken to the police station and locked up Mr Ramanoop, who now sought constitutional redress, including exemplary damages. He did not claim damages for the nominate torts . .
Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Subiah v The Attorney General of Trinidad and Tobago PC 3-Nov-2008
(Trinidad and Tobago) The Board considered the extent of damages for infringement of the claimant’s constitutional rights. He had been on board a bus. He complained when a policeman was allowed not to buy a ticket. The same constable arrested him as . .

Cited by:

Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 July 2022; Ref: scu.322752

Funnell and Another v Adams and Remer (A Partnership): QBD 28 Sep 2007

The claimants alleged that the defendants, their solicitors had been negligent in handling a commercial lease. That being accepted, the court considered the measure of damages.

Judges:

Wilkie J

Citations:

[2007] EWHC 2166 (QB), [2008] BLR 206, 119 Con LR 193

Links:

Bailii

Construction, Damages, Negligence

Updated: 23 July 2022; Ref: scu.296296

Douglas and others v Hello! Ltd etc: ChD 7 Nov 2003

The claimants had succeeded in a claim of distress occasioned by breach of confidence and breach of the Data Protection Act by the taking and selling of photographs from their wedding.
Held: As to losses, for the magazine who had bought the rights, the issue was decided by reference to the fee they would have charged to the defendants for a licence. That would have been just over a million pounds There was little guidance as to the level of damages for the type of distress claimed. The award for them together was andpound;14,600.

Judges:

Lindsay J

Citations:

[2003] EWHC 2629 (Ch), [2004] EMLR 2

Links:

Bailii

Statutes:

Data Protection Act 1996

Jurisdiction:

England and Wales

Citing:

See Also – Douglas etc v Hello! Ltd etc ChD 11-Apr-2003
The claimants were to be married. They sold the rights to publish photographs of their wedding, but various of the defendants took and published unauthorised pictures.
Held: The claimants had gone to lengths to ensure the commercial value of . .

Cited by:

See Also – Douglas and others v Hello! Ltd and others ChD 23-Jan-2004
. .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Lists of cited by and citing cases may be incomplete.

Damages, Information

Updated: 23 July 2022; Ref: scu.187553

Dunnachie v Kingston Upon Hull City Council: CA 11 Feb 2004

Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately explained. The court could look to parliamentary reports to identify the mischief sought to be rectified, but not the means chosen of doing so.

Judges:

Lord Justice Brooke The Hon Mr Justice Evans-Lombe Lord Justice Sedley

Citations:

[2004] EWCA (Civ) 84, Times 26-Feb-2004, [2004] ICR 482, [2004] IRLR 287, [2004] 2 All ER 501

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Addis v Gramophone Company Limited HL 26-Jul-1909
Mr Addis was wrongfully and contumeliously dismissed from his post as the defendant’s manager in Calcutta. He sought additional damages for the manner of his dismissal.
Held: It did not matter whether the claim was under wrongful dismissal. . .
Cited – Malloch v Aberdeen Corporation HL 1971
A common law action for wrongful dismissal can at most yield compensation measured by reference to the salary that should have been paid during the contractual period of notice. Lord Reid said: ‘At common law a master is not bound to hear his . .
Appeal from – Kingston Upon Hull City Council v Dunnachie; HSBC Bank Plc v Drage EAT 7-Jul-2003
EAT Practice and Procedure – Costs
EAT Practice and Procedure – Costs. . .
Cited – Johnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
Cited – Norton Tool Co Ltd v Tewson NIRC 30-Oct-1972
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages.
Held: The common law rules and authorities on wrongful . .
Cited – Jacobs v London County Council HL 1950
The House considered the operation of the doctrine of precedent: ‘there is in my opinion no justification for regarding as obiter dictum a reason given by a judge for his decision because he has given another reason also. If it were a proper test to . .
Cited – Wellman Alloys Ltd v Russell 1973
Only economic losses are recoverable following a dismissal. . .
Cited – Campbell v Dunoon HA OHCS 1993
. .
Cited – Polkey v A E Dayton Services Limited CA 1986
The employee had been made redundant with no attempt at consultation and in breach of procedures.
Held: His claim of unfair dismissal was dismissed because even if the procedures had been followed, the result would have been the same. What . .
Cited – HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
Cited – Edwards v SOGAT CA 1971
Mr Edwards, who was black, was a skilled worker in a 100-per-cent union printshop. His employers were compelled to dismiss him after his dues had been allowed to fall into arrear through a union official’s neglect. He sued the union in contract. He . .
Cited – W Devis and Sons Ltd v Atkins HL 6-Jul-1977
The ‘just and equitable’ test warranted the reduction or extinction of compensation for an employee who has been unfairly dismissed and then found to have been liable to summary dismissal. ‘The paragraph does not, nor did s. 116 of the Act of 1971, . .
Cited – EWP Ltd v Moore CA 1992
The construction favoured, despite the anomaly it produced, by all three members of the court was one which had been the subject of a longstanding decision at first instance and that ‘despite abundant opportunities Parliament has not acted to cure . .
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 – ICTS (UK) Ltd, B Tchoula v B Tchoula, ICTS (UK) Ltd EAT 4-May-2000
EAT Race Discrimination – Injury to Feelings . .
Cited – Regina v Chard HL 1983
The defendant appealed his conviction which had been obtained but based upon the evidence of a ‘super-grass’. His appeal failed, but the witness then withdrew his evidence. The matter was referred back to the court under the section, which then . .
Cited – B (A Minor) v Director of Public Prosecutions HL 23-Feb-2000
Prosecution to prove absence of genuine belief
To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must . .
Cited – Galloway v Galloway HL 1956
The court considered the interpretation of a provision in a statute continued from an earlier statute.
Viscount Radcliffe said: ‘I must confess that I do not lend a sympathetic ear to this last and almost mystical method of discovering the . .
Cited – Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG HL 5-Mar-1975
Statute’s Mischief May be Inspected
The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute.
Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may . .
Appeal from – Kingston Upon Hull City Council v Dunnachie EAT 23-Jun-2003
EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal. . .
See Also – Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association EAT 8-Apr-2003
EAT Unfair Dismissal – Compensation
In each case, The employee sought additional damages for non-economic loss after an unfair dismissal.
Held: The Act could be compared with the Discrimination Acts . .
Cited – Kingston Upon Hull City Council v Dunnachie; HSBC Bank Plc v Drage EAT 7-Jul-2003
EAT Practice and Procedure – Costs
EAT Practice and Procedure – Costs. . .

Cited by:

Appeal from – Dunnachie v Kingston-upon-Hull City Council HL 15-Jul-2004
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused.
Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, . .
Cited – Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 23 July 2022; Ref: scu.193426

Baxter v Gapp (FW) and Co Ltd: CA 1939

Where there would have been no transaction (loan) but for the valuers’ negligence, it was held that the plaintiff was entitled to recover the actual loss suffered, rather than the difference between the real value of the property at the date of valuation and the amount of the valuation. No issue of novus actus interveniens arose in Baxter.
du Parcq LJ said: ‘It is of course quite clear that the mere fact that there is an over evaluation does not of itself show negligence … Gross over valuation, unless explained may be strong evidence either of negligence or of incompetence. I have no doubt that there was in this case gross over valuation, and one looks to see whether or not there is any explanation of it, and whether it can be seen that the defendant has failed to take any steps which he ought to have taken or to pay regard to matters to which he ought to have paid regard.’

Judges:

MacKinnon LJ, du Parcq LJ

Citations:

[1939] 2 KB 271, [1939] 2 All ER 752

Jurisdiction:

England and Wales

Cited by:

Not Followed – Swingcastle Ltd v Alastair Gibson HL 1991
A lender made a claim against a surveyor after a negligent survey. the lender would have made no loan at all, there would have been no transaction, if it had known the true position. At first instance and in the Court of Appeal the Claimant’s loss . .
Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 23 July 2022; Ref: scu.640550

Portman Building Society v Bevan Ashford (a firm): CA 2000

The lender alleged negligence in the defendant solicitors.
Held: Otton LJ, delivering the leading judgment, declined to ask himself whether the scope of the solicitor’s duty extended to the lender’s decision or only to the material which the solicitor contributed to that decision, because in his view the distinction was irrelevant in a case where the facts withheld were sufficiently grave. He put the point in this way: ‘where a negligent solicitor fails to provide information which shows that the transaction is not viable or which tends to reveal an actual or potential fraud on the part of the borrowers, the lender is entitled to recover the whole of his loss. In other words, the whole of the loss suffered by the lender is within the scope of the solicitor’s duty and is properly recoverable.’

Judges:

Otton LJ

Citations:

[2000] PNLR 344

Jurisdiction:

England and Wales

Cited by:

Criticised – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 23 July 2022; Ref: scu.640552

Swingcastle Ltd v Alastair Gibson: HL 1991

A lender made a claim against a surveyor after a negligent survey. the lender would have made no loan at all, there would have been no transaction, if it had known the true position. At first instance and in the Court of Appeal the Claimant’s loss was held to include the contractual interest it would have earned from the transaction mainly on the basis that it was bound by the Court of Appeal decision in Baxter v Gapp [1939] 2 KB 271.
Held: This was incorrect. Lord Lowry analysed the decision in Baxter v Gapp, and continued: ‘The approach of the valuer in this case and the analysis of Neill LJ . . seem to me to be correct. What the lenders lost, in addition to their other damages, was the use of the pounds 10,000 while it was perforce locked up in the loan. I say ‘perforce’ because I do not overlook the duty of the injured party to mitigate his loss or the fact that, once the borrowers had well and truly defaulted, the lenders had access to their remedy and thereby to their money.
There is, as Neill L.J. perceived, no cut and dried solution to calculating the amount of damages in cases of this kind. It depends on the evidence.
After considering the figures in relation to the loan and realisation, he continued: ‘In the absence of any evidence as to how the lenders financed the loan or evidence showing how the money, if not lent to the borrowers, could have been profitably employed, I consider that 12 per cent interest, which would correspond to the 9 per cent. allowed by Ralph Gibson J. in Corisand Investments Ltd. v. Druce and Co., 248 E.G. 315, is the proper rate at which to recompense the lenders for being deprived of their pounds 10,000. The actual time was two years, which would yield a result of pounds 2,400, but one may ask whether it was reasonable for the tortfeasor to bear the liability up to the date of sale in February 1987, possession of the property having been surrendered on 30 June 1986. Moreover, it is not clear how a calculation of damages would be affected by the incidence of tax or whether this is a case in which it would have been reasonable for the court to contemplate partial recovery by the lenders against the borrowers: see London and South of England Building Society v. Stone [1983] 1 WLR 1242.
It was for the lenders to furnish the evidence by which to prove their case on the correct basis.

Judges:

Lord Lowry

Citations:

[1991] 2 All ER 353, [1991] 2 WLR 1091

Jurisdiction:

England and Wales

Citing:

Not Followed – Baxter v Gapp (FW) and Co Ltd CA 1939
Where there would have been no transaction (loan) but for the valuers’ negligence, it was held that the plaintiff was entitled to recover the actual loss suffered, rather than the difference between the real value of the property at the date of . .

Cited by:

Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 23 July 2022; Ref: scu.640549

Liverpool (Owners) v Ousel (Owners), (The Liverpool No 2): CA 1963

The Ousel and the Liverpool collided in the Port at Liverpool and the Ousel sank. The owners of the Liverpool admitted liability. The Mersey Docks and Harbour Board took the wreck under statutory powers and claimed the expenses of clearing the wreck against the owners of both vessels. The claim against the owners of the Ousel was statutory, and the claim against the owners of the Liverpool arose from their liability for the collision. The claim was worth about pounds 60,000 (net of recoveries from the sale of salvaged items). As against the owners of the Ousel the Board’s claim was limited to about pounds 10,000 by the limitation of liability provisions available to those owners under the Merchant Shipping Acts. As against the owners of the Liverpool, however, the prospect of recovery was much larger, for her limitation fund was expected to pay out about 30% (6 shillings in the pounds ), ie closer to pounds 20,000. It was perhaps for this reason, but also perhaps because the collision had been the fault of the Liverpool not of the Ousel, that the Board had declined the tender by the owners of the Ousel of the pounds 10,000, which they had deposited with stakeholders.
Held: Credit did not have to be given.
Lord Merriman P. said it was common ground that the classic statement about mitigation of loss in British Westinghouse ‘applies equally, mutatis mutandis, to tort’.
Harman LJ said: ‘Let it be conceded that if the board had recovered the pounds 10,000 from the Ousel under its statutory power that would have been satisfaction pro tanto of the damages; still the fact is that the board has not recovered this sum, and, in our judgment, there is no duty upon it to do so . . even if the board had obtained judgment against the Ousel there would have been no duty upon it to proceed to execution in alleviation of the Liverpool, which is a tortfeasor . . this case, in our judgment, has nothing to do with the duty to mitigate damages. It concerns the board’s legal rights, and no duty rests on it at the demand of a tortfeasor to satisfy part of the damages by resorting to another tortfeasor; still less by resorting to an innocent party made liable merely by statute.’

Judges:

Lord Merriman P, Harman LJ

Citations:

[1963] P 64

Jurisdiction:

England and Wales

Cited by:

Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Damages, Transport

Updated: 23 July 2022; Ref: scu.640551

Haugesund Kommune and Another v Depfa ACS Bank and Another: CA 28 Jan 2011

Lawyers had negligently advised that a Norwegian local authority had legal capacity to enter into a loan agreement, when it did not. A local authority’s legal capacity to borrow might fairly be thought fundamental to any decision to lend it money, and the evidence was that but for the lawyer’s advice the bank would not have lent. But under Norwegian law the debt would not have been enforceable against the assets of the authority even if legal capacity had existed, making the debt in effect one of honour only.
Held: It was an ‘information’ case, because legal capacity was only one factor in a wider assessment of whether to lend the money, with which the lawyers were not concerned.
Rix LJ said: ‘It is of course true that Depfa would not have entered into the transactions at all unless it could be advised that the contracts were valid and within the kommunes’ capacity. In effect, that causal connection between advice and loss goes without saying in all such cases. It is not in itself the reason for finding that the scope of duty concerned embraces all the loss consequential upon entering into the transaction concerned. For these reasons it does not seem to me that it is a sufficient explanation for characterising a case as a category 2 [sc ‘advice’] case to say that, without the forthcoming albeit negligent advice, the transaction concerned would not have been ‘viable’. That is simply another way of saying that, if the claimant had not received the advice it did, it would not have entered into the transaction.’

Judges:

Rix, Gross LJJ, Peter Smith J

Citations:

[2011] EWCA Civ 33, [2011] PNLR 14, 134 Con LR 51, [2011] 1 CLC 166, [2011] 3 All ER 655, [2012] Bus LR 230, [2012] 1 All ER (Comm) 65

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 22 July 2022; Ref: scu.428310

Lloyd v Stanbury: 1971

A purchaser who had been let into possession before completion and had spent money on improvements to the property was not entitled to claim for such expenses because they would not usually have been within the contemplation of the parties. As to rectification: ‘If, therefore, the defence of rectification is to succeed I must be convinced that it was not the intention either of Mr Stanbury or of Mr Lloyd that 1428 [that is a parcel of land] should be included in the contract. It is not sufficient that there should be convincing proof that the written contract did not represent the true intention of the parties. I must also be satisfied that there was a common intention and I emphasise a common intention, of Mr Stanbury and Mr Lloyd that 1428 should be excluded.’

Judges:

Brightman J

Citations:

[1971] 1 WLR 535, [1971] 2 All ER 267

Jurisdiction:

England and Wales

Cited by:

Approved – Anglia Television v Oliver Reed CA 1971
The television company had agreed with the actor defendant for him to appear in a production. He breached the contract. The company sought both loss of profits and for the expense incurred. The issue before the Court of Appeal was whether such . .
Cited – Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd ComC 4-Aug-2010
Lost Expenses as Damages for Contract Breach
The court was asked as to the basis in law of the principle allowing a contracting party to claim, as damages for breach, expenditure which has been wasted as a result of a breach. The charterer had been in breach of the contract but the owner had . .
Cited – FSHC Group Holdings Ltd v Glas Trust Corporation Ltd CA 31-Jul-2019
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 . .
Lists of cited by and citing cases may be incomplete.

Damages, Equity

Updated: 22 July 2022; Ref: scu.421538

Bulkhaul Ltd v Rhodia Organique Fine Ltd: CA 18 Dec 2008

Appeal against an order made in an action whereby, for the breach of a contract of lease and hire, the judge had awarded the claimant, Bulkhaul Ltd damages of andpound;161,158. Bulkhaul said this was inadequate.

Judges:

Sedley, Keene, Smith LJJ

Citations:

[2008] EWCA Civ 1452, [2009] 1 Lloyd’s Rep 353

Links:

Bailii

Jurisdiction:

England and Wales

Damages

Updated: 22 July 2022; Ref: scu.279993

Kolbin and Sons v Kinnear and Co Ltd: HL 6 Jul 1931

Claim for wrongful delivery of goods.

Citations:

[1931] UKHL 4, (1931) 40 Ll L Rep 241, 1931 SLT 464, 1931 SC (HL) 128

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Farstad Supply As v Enviroco Ltd SCS 14-Sep-2011
(Outer House) The parties had settled a claim for the loss by fire of an oil rig supply vessel. The parties now disputed whether the settlement carries interest under the Act. The parties’ insurers were concerned that the interest rate awarded under . .
Lists of cited by and citing cases may be incomplete.

Contract, Damages

Updated: 22 July 2022; Ref: scu.279693

SH Muffett Ltd v Head: EAT 1986

The Tribunal was asked to award damages for the loss of statutory protection and also loss of notice period, ‘what is generally referred to as the ‘loss of the right to long notice’ or, more particularly, it is the loss of a right in the event of re-employment to a longer period of notice than that which would arise in that employment compared with that applying to the employment from which he [the employee] was unfairly dismissed.’
Held: On an unfair dismissal, the employee was entitled to compensation for the loss of the statutory protection he had acquired by his employment for two years, though the amount was heavily contingent. In this case the circumstances suggested that such contingences were unlikely to arise. Nevertheless, the standard nominal sum to be awarded for the loss of statutory rights on an unfair dismissal was increased from andpound;20.00 to andpound;100.00.

Citations:

[1986] IRLR 488, [1987] ICR 1

Jurisdiction:

England and Wales

Citing:

Considered – Townson v Northgate Group 1981
. .

Cited by:

Cited – Superdrug Stores Plc v Corbett EAT 12-Sep-2006
EAT Unfair Dismissal – Exclusions including worker/jurisdiction.
The Tribunal had awarded an obviously excessive sum of andpound;1420 for loss of statutory rights, without explanation of their reasons for . .
Cited – Hope v Jordan Engineering Ltd EAT 1-May-2008
EAT Unfair dismissal – Compensation – Polkey deduction – Automatically unfair dismissal; section 98A(1) ERA. Application of Polkey deduction to whole of compensatory award. 100 per cent deduction; therefore no . .
Cited – Puglia v C James and Sons EAT 24-Oct-1995
The EAT considered the effect of the receipt of benefits during a period of sickness when calculating loss of earnings, and whether a hearing was properly conducted without the presence of the parties.
Held: There is no procedural irregularity . .
Cited – Taylorplan Services Ltd v Morris and Another EAT 22-Nov-1995
. .
Cited – Armstrong v Automotive Components Dunstable Ltd EAT 31-Oct-1996
. .
Cited – Davis and Another (T/A Samuel Davis (A Firm)) v Derbyshire EAT 9-Mar-2004
EAT Unfair Dismissal
Automatically unfair dismissal by reason of employee having asserted statutory rights. Issues as to proper bases for compensation (net or gross pay in lieu) and mitigation of loss. . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 21 July 2022; Ref: scu.278667

Amec Developments Ltd v Jurys Hotel Management (UK) Ltd: ChD 17 Nov 2000

The court considered the award of damages after building works by the defendant in breach of a restrictive covenant.
Held: The complexity of the financing and other factors relevant to the calculation of the developer’s profit mean that the Court is unlikely to be able to perform this exercise without expert assistance and evidence from the parties as to how they would have perceived their respective strengths and weaknesses in any negotiations.

Judges:

Anthony Mann QC

Citations:

[2000] EWHC Ch 454, [2000] EGCS 138, [2002] TCLR 13, [2001] 7 EG 163, (2001) 82 P and CR 22, [2001] 1 EGLR 81

Links:

Bailii

Statutes:

Chancery Amendment Act 1858

Jurisdiction:

England and Wales

Cited by:

Cited – Jones and Another v Ruth and Another CA 12-Jul-2011
The parties were neighbours. The claimants succeeded in their assertion of trespass and nuisance in building works carried out by the defendant. The claimant appealed against the judge’s failure to award damages for harassment, saying that though . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 21 July 2022; Ref: scu.261946

Curwen v James: CA 1963

An appeal court had a discretion to hear relevant evidence of events after the date of judgment, in this case a change in circumstances of the victim’s widow, when considering a claim for damages for personal injury, where that evidence would clearly have impacted on the award.

Citations:

[1963] 1 WLR 748

Jurisdiction:

England and Wales

Cited by:

Cited – Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
Cited – Richmond Adult Community College v McDougall CA 17-Jan-2008
The claimant had been offered and had accepted a job subject to satisfactory health clearance. When that was not received her offer was withdrawn. She had suffered a condition which would affect her daily activities, but had recovered from that . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 21 July 2022; Ref: scu.252488

Vincenzo Manfredi v Lloyd Adriatico Assicurazioni SpA etc: ECJ 13 Jul 2006

ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – Limitation period – Punitive damages.

Citations:

C-296/04, [2006] EUECJ C-296/04

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Deutsche Bahn Ag and Others v Morgan Advanced Materials Plc SC 9-Apr-2014
The Court was asked whether claims against MAM for losses suffered by reason of a cartel infringing article 81(1) TEC (now article 101 TFEU) were time-barred, and also as to substantive questions about the nature of the decisions of the European . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 21 July 2022; Ref: scu.243109

Allan J Panozza and Co Pty Ltd v Allied Interstate (Qld) Pty Ltd: 1976

(New South Wales) A statutory limitation on damages deemed to be incorporated into a contract of carriage is ‘an express limitation upon the substantive liabilities.’

Judges:

Street CJ

Citations:

[1976] 2 NSWLR 192

Jurisdiction:

Australia

Cited by:

Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
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 would limit the damages.
Held: . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 21 July 2022; Ref: scu.242985

Seafield Holdings Ltd (T/A Seafield Logistics) v Drewett: EAT 27 Jun 2006

EAT Compensation for unfair dismissal- assessment of economic loss.
Was employee’s medical condition after her constructive dismissal caused or aggravated by employer’s repudiatory conduct or by her pre-existing medical condition?
In determining what caused the employee’s loss, was the proper approach to apply the ‘but for’ test or to assess in percentage terms the prospect that the employee would have become ill and unable to work even if there had been no repudiatory conduct by the employee? Answer depends on whether it is past or future loss.
Were findings of Employment Tribunal perverse?

Judges:

Silber J

Citations:

[2006] UKEAT 0199 – 06 – 2706

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Damages

Updated: 21 July 2022; Ref: scu.242959

Waters and others v Welsh Development Agency: LT 3 Nov 2000

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 apply – public purpose of acquisition must be left out of account – scheme underlying acquisition was Cardiff Bay Barrage.

Citations:

[2000] EWLands ACQ – 93 – 1999, [2001] EWLands RA – 16 – 1999

Links:

Bailii

Statutes:

Land Compensation Act 1961 5(3)

Jurisdiction:

England and Wales

Citing:

Cited – Stokes v Cambridge Corporation LT 1961
The tribunal considered case concerned 5.1 ha of land with an assumption of planning permission for industrial development under Planning legislation. There was only one possible access over adjoining land in different ownership.
Held: When . .
Cited – Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands PC 29-Jul-1947
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 . .

Cited by:

Appeal From – Waters and others v Welsh Development Agency CA 28-Jun-2002
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 . .
At LT – Waters and others v Welsh Development Agency HL 29-Apr-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 21 July 2022; Ref: scu.225622

Ram, Regina (on the Application Of) v Parole Board: Admn 12 Jan 2004

The claimant had won an action for damages against the respondent. He was however released on licence, and subsequently became unlawfully at large. The question was whether the damages continued to be payable to him. The defendant insisted that the sum could only be paid personally, which would allow his arrest. The legal aid provisions require damages to be paid through the solicitors, so as to allow enforcement of the statutory charge.
Held: At the time of the award, the claimant was lawfully at large. As to the application for leave to appeal, it could not be said that the claimant’s recall was not foreseeable, and therefore the conditions in Barder were not fulfilled. On the other hand specific performance as requested by the claimant was not available against the Crown under the 1947 Act save by discretion. That discretion could be exercised here to disallow any payment getting to the claimant whilst he was unlawfully at large.

Judges:

Crane J

Citations:

[2004] EWHC 1 (Admin)

Links:

Bailii

Statutes:

Access to Justice Act 1999 10(7), Community Legal Service (Costs) Regulations 2000 18, Crown Proceedings Act 1947 25

Jurisdiction:

England and Wales

Citing:

Cited – Barder v Barder; Barder v Caluori HL 1988
Later Event no ground to appeal from consent order
The matrimonial home had been owned jointly by the husband and wife. In divorce proceedings, an order was made by consent that the husband should transfer his interest in the home to the wife within 28 days. Before the order had been executed, the . .
Approved – S v S (Ancillary Relief: Consent Order) FD 4-Mar-2002
An order for ancillary relief had been made by consent. Later the House of Lords issued a judgment which changed the law which had been the basis of the decision to accept the settlement. The wife now sought to set aside the consent order, and . .
Cited – Lamare v Dixon HL 1873
The respondent resisted an order for specific performance of a contract, saying that the plaintiffs had reneged on an essential promise in a collateral contract.
Held: The defence failed. Lord Chelmsford said: ‘The exercise of the jurisdiction . .
Lists of cited by and citing cases may be incomplete.

Damages, Legal Aid

Updated: 21 July 2022; Ref: scu.191230

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there is no known case involving the tort of wrongful interference with a body, and that claim failed.
As to negligence, though the primary doctor-patient relationship was with the child, ‘taking consent for a post-mortem was not just an administrative matter bringing a doctor into contact with a mother. It was . . part of the continuing duty of care owed by the clinicians to the mother following the death of a child.’

Judges:

The Honourable Mr Justice Gage

Citations:

[2004] EWHC 644 (QB), Times 12-Apr-2004, (2004) 77 BMLR 145, [2004] 2 FLR 365, [2004] 3 FCR 324, [2004] Fam Law 501, [2005] 2 WLR 358, [2005] Lloyd’s Rep Med 1, [2005] QB 50

Links:

Bailii

Statutes:

Registration of Births and Deaths Regulations 1987 41(1), Coroners Act 1988 8(1)(b), Human Tissue Act 1961

Jurisdiction:

England and Wales

Citing:

Cited – MacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
Cited – Regina v Kelly 1999
Robbers who stole and sold preserved specimens from the Royal College of Surgeons’ collection were held rightly convicted of theft. The court considered the issue of ownership of a corpse: ‘We accept that however questionable the historical origins . .
Cited – Regina v Sharpe CCCR 1857
The defendant was charged not with theft of a corpse, but of its removal from a grave: ‘Our law recognises no property in a corpse, and the protection of the grave at common law as contradistinguished from ecclesiastic protection to consecrated . .
Cited – Dobson and Dobson v North Tyneside Health Authority and Newcastle Health Authority CA 26-Jun-1996
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being retained instead for medical research. They now . .
Cited – Pollok v Workman 1900
A widow sought damages for an unauthorised post mortem carried out on her husband. The act was alleged to have been criminal and in the nature of an action of assythment.
Held: The case was competent, but was dismissed for other reasons. . .
Cited – Regina v Vann 1851
A parent of a child who had not the means of providing for the burial of the body of his deceased child was not liable to be indicted for the misdemeanour of not providing for its burial, even though a nuisance was occasioned by the body remaining . .
Cited – Regina v Feist 1858
A master of a workhouse may have legal possssion of a body before burial, and therefore a duty to provide for its burial. . .
Cited – Regina v Gwynedd County Council ex parte B and Another 1992
The ambit of the 1980 act does not extend to regulating events arising after a child’s death. . .
Cited – Clarke v London General Omnibus Co Ltd 1906
The parent of an infant child who dies where the parent has the means to do so, has a responsibility to arrange and pay for the burial. . .
Cited – Hughes v Robertson 1930
The widow sought damages for an unauthorised autopsy carried out upon the body of her late husband. . .
Cited – Doodeward v Spence 1908
(High Court of Australia) The police seized from an exhibitor the body of a two headed still born baby which had been preserved in a bottle.
Held: An order was made for its return: ‘If, then, there can, under some circumstances, be a continued . .
Cited – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – Edmunds v Armstrong Funeral Home Ltd 1931
(Canada – Court of Appeal of the Alberta Supreme Court) A widower claimed damages for the unlawful carrying out of an autopsy on the body of the claimant’s deceased wife. The claim was dismissed by the judge at first instance on the ground that it . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Powell and Another v Boldaz and others CA 1-Jul-1997
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had . .
Cited – McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002
In deciding whether a duty of care is established the court must go to the ‘battery of tests which the House of Lords has taught us to use’, namely: ‘. . the ‘purpose’ test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the ‘assumption . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – Page v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
Cited – Bourhill v Young’s Executor HL 5-Aug-1942
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 . .
Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward. She was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – W v Essex County Council and Another HL 17-Mar-2000
A foster child was placed with a family. The child had a history of abusing other children, but the foster parents, who had other children were not told. The foster child caused psychiatric damage to the carers.
Held: It was wrong to strike . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Cited – A B and others v Tameside and Glossop Health Authority and Trafford Health Authority CA 13-Nov-1996
The choice of the telephone as a means of alerting and re-assuring people, who had received treatment from a health worker later found to be HIV+, was proper. The was no breach of a duty care, even though some people called had suffered distress: . .
Cited – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .
Lists of cited by and citing cases may be incomplete.

Damages, Health Professions, Torts – Other, Negligence

Updated: 21 July 2022; Ref: scu.194994

Aneco Reinsurance Underwriting Limited (In Liquidation) (a Body Incorporate Under the Laws of Bermuda) v Johnson and Higgins Limited: HL 18 Oct 2001

Brokers contracted to obtain re-insurance of risks undertaken by the claimants. They negligently failed to obtain full cover. The question at issue was whether they were liable for the full loss, or whether their duty was limited to obtaining satisfactory excess of loss protection.
Held: The appeal failed. The case of SAAMCo did not affect the existing rule. The brokers had a duty to inform the insured of any limitation on the cover obtained. They were liable for failing to advise the company of the unavailability of the re-insurance on the market, and were therefore reliable for the entire loss accepted. It was an ‘advice’ case. This had the ironic consequence that although the claimant had apparently been content to assume an exposure of $35m on the reinsurance with protection by way of retrocession for only $11m, they recovered the whole $35m as damages, two thirds of which they would have suffered even if the retrocession had been effective. The broker’s responsibility was found to extend beyond the placing of the retrocession to the entire transaction including the writing of the reinsurance itself. In particular, his duty was found to include reporting to the reinsurer the market’s highly adverse assessment of the reinsured risk.

Judges:

Lord Slynn of Hadley Lord Browne-Wilkinson Lord Lloyd of Berwick Lord Steyn Lord Millett

Citations:

[2001] UKHL 51, [2002] 1 Lloyd’s Rep 157, [2002] CLC 181, [2002] Lloyds Rep IR 91, [2002] 1 LLR 157, [2002] PNLR 8, 2001] 2 All ER (Comm) 929, [2002] Lloyd’s Rep IR 91

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Youell v Bland Welch and Co Ltd (‘The Superhulls Cover-Case) (No 2) QBD 1990
In estoppel it is necessary for there to have been an unequivocal representation of fact by words or conduct: ‘A party can represent that he will not enforce a specific legal right by words or conduct. He can say so expressly – this of course he can . .
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 . .
See Also – Aneco Reinsurance Underwriting Ltd (In Liquidation) v Johnson and Higgins CA 14-Nov-1997
Claims against insurance brokers for negligence are to be heard at the same time as a claim with regard to repudiation of liability; need for notes of arrangements. . .
Appeal from – Aneco Reinsurance Underwriting Limited (In Liquidation) v Johnson and Higgins Limited CA 30-Jul-1999
. .

Cited by:

Cited – Equitable Life Assurance Society v Ernst and Young CA 25-Jul-2003
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when . .
Limited to the particular facts – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Insurance, Professional Negligence, Damages

Updated: 21 July 2022; Ref: scu.166629

Aneco Reinsurance Underwriting Limited (In Liquidation) v Johnson and Higgins Limited: CA 30 Jul 1999

Judges:

Evans LJ, Aldous LJ, Ward LJ

Citations:

[1999] EWCA Civ 2035

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Aneco Reinsurance Underwriting Ltd (In Liquidation) v Johnson and Higgins CA 14-Nov-1997
Claims against insurance brokers for negligence are to be heard at the same time as a claim with regard to repudiation of liability; need for notes of arrangements. . .

Cited by:

Appeal from – Aneco Reinsurance Underwriting Limited (In Liquidation) (a Body Incorporate Under the Laws of Bermuda) v Johnson and Higgins Limited HL 18-Oct-2001
Brokers contracted to obtain re-insurance of risks undertaken by the claimants. They negligently failed to obtain full cover. The question at issue was whether they were liable for the full loss, or whether their duty was limited to obtaining . .
Lists of cited by and citing cases may be incomplete.

Insurance, Damages

Updated: 21 July 2022; Ref: scu.146950

Banque Bruxelles Lambert Sa v Eagle Star Ins Co Ltd and Others: QBD 7 Mar 1994

A negligent valuer was liable for the loss arising from an overvaluation, but the valuer was not liable for that proportion of the lender’s loss on the loan which was attributable to the fall in the market after the valuation date, even though (i) the lender would not have entered into the transaction but for the valuer’s negligence; (ii) in some of the cases the lender would not even have lent a lesser sum, either because a lesser loan would have fallen outside its lending guidelines or because it would have been of no interest to the borrower; and (iii) adverse market movements were foreseeable.
The lender: ‘deliberately assumed the risk that they might suffer loss as a result of a fall in the property market. They did not rely upon John D Wood’s valuation to protect them against that risk. In these circumstances John D Wood owed no duty to protect BBL from this type of loss.’
and: ‘Where a party is contemplating a commercial venture that involves a number of heads of risk and obtains professional advice in respect of one head of risk before embarking on the venture, I do not see why negligent advice in respect of that head of risk should, in effect, make the adviser the underwriter of the entire venture. More particularly, where the negligent advice relates to the existence or amount of some security against risk in the venture, I do not see why the adviser should be liable for all the consequences of the venture, whether or not the security in question would have protected against them.’

Judges:

Phillips J

Citations:

Ind Summary 04-Apr-1994, Times 07-Mar-1994, [1995] 2 All ER 769

Jurisdiction:

England and Wales

Cited by:

Appeal from – Banque Bruxelles Lambert Sa v Eagle Star Insurance Co Ltd and Others CA 24-Feb-1995
The plaintiffs were mortgagees. The defendants were valuers. The defendants negligently over-valued properties and the plaintiffs then accepted mortgages of the properties. Later the property market collapsed and the various borrowers defaulted and . .
At first instance – 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 – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Negligence, Damages

Updated: 21 July 2022; Ref: scu.78173

Banque Bruxelles Lambert Sa v Eagle Star Insurance Co Ltd and Others: CA 24 Feb 1995

The plaintiffs were mortgagees. The defendants were valuers. The defendants negligently over-valued properties and the plaintiffs then accepted mortgages of the properties. Later the property market collapsed and the various borrowers defaulted and on sale the plaintiffs obtained substantially less than the sums they had advanced. The relevant question was whether the plaintiffs could include in their damages the difference in the value of the properties between the time of entering into the mortgages and the sale of the properties.
Held: The appeal succeeded. Damages payable to a secured lender for a negligent valuation included losses attributable to general market. Discussing liability where two causes contributed to the damages: ‘the event which the plaintiff alleges to be causative need not be the only or even the main cause of the result complained of: it is enough if it is an effective cause’
Sir Thomas Bingham MR described the valuer’s task: ‘In the absence of special instructions, it is no part of V’s duty to advise L on future movements in property prices, whether nationally or locally. The belief among buyers and sellers that prices are likely to move upwards or downwards may have an effect on current prices, and to that extent such belief may be reflected by V in his valuation. But his concern is with current value only. He is not asked to predict what will happen in the future. His valuation is not sought to protect L against future decline in property prices. In no sense is he a guarantor of L’s investment decision.’
He spoke also as to the measurement of damages: ‘where a mortgage lender would not, but for the negligent valuation, have entered into the transaction with the borrower he could recover the net loss he had sustained as a result of having done so; that a fall in the market was foreseeable, and since, in such a case, the lender would not have entered into the transaction but for the valuer’s negligence and could not escape from it unless and until the borrower defaulted, that negligence was the effective cause of his loss, and a fall in the market was not to be treated as a new intervening cause breaking the link between the valuer’s negligence and the damage sustained; accordingly on the assumed facts the mortgagees were entitled to recover damages in respect of the loss they had sustained which was attributable to market fall.’
. . And: ‘In a no-transaction purchase case, it seems clear on English authority that effect will be given to the restitutionary principle by awarding the buyer all that he has paid out less what (acting reasonably to cut his losses including selling the property) he has recovered. In no case before [the present case] has any head of foreseeable damage been excluded from the calculation.’
. . And: ‘In no-transaction mortgage lending cases it has been the practice since Baxter v Gapp [1939] 2 AER 752 to award the lender the net loss sustained as a result of entering into the transaction, which may be expressed as the difference between what the lender advanced and what the lender would have advanced if properly advised (which is always nil). Thus related expenses of sale and realisation less sums recovered . . Should a rise in the market have contributed to [a full recovery] then, as in the successful transaction case, that contribution will not be ignored so as to treat the lender as sustaining a financial loss which in fact he has not sustained. If in such a case a fall in the property market between the date of the transaction and the date of realisation contributes to the lender’s overall loss sustained as a result of entering into the transaction, it would seem to us, on a straight forward application of the restitutionary principle, that the lender should be entitled to recover that element of his loss against the negligent party.’
. . And :’Where a buyer is claiming damages for negligence in a successful transaction case the diminution in value rule ordinarily provides an adequate measure of the buyers loss. As the cases show, to award, for example, the full cost of repairs will usually lead to over-compensation. This assessment will ordinarily be made as at the date of breach, for there is no other appropriate date. The same rule will usually be applied where the buyer decides to keep the property with knowledge of its defective condition or over-valuation even if, with that knowledge, he would not have bought in the first place. In such a case no account is taken of later fluctuations in the market, for he remains the owner of the property as a result of his own independent decision and not of the negligence of the valuer or surveyor.’

Judges:

Sir Thomas Bingham MR

Citations:

Times 24-Feb-1995, Gazette 22-Mar-1995, Times 21-Feb-1995, [1995] QB 375, [1995] 2 All ER 769

Jurisdiction:

England and Wales

Citing:

Appeal from – Banque Bruxelles Lambert Sa v Eagle Star Ins Co Ltd and Others QBD 7-Mar-1994
A negligent valuer was liable for the loss arising from an overvaluation, but the valuer was not liable for that proportion of the lender’s loss on the loan which was attributable to the fall in the market after the valuation date, even though (i) . .

Cited by:

Appeal from – 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 – Paterson and Another v Humberside County Council QBD 19-Apr-1995
A local authority was liable for nuisance for damage (cracks to house) caused by tree roots once it could be shown that it knew of the soil condition, by virtue of the council’s own warnings to residents of the danger in the area meant that the . .
Cited – Helmsley Acceptances Ltd v Hampton CA 11-Mar-2010
The claimant lender sought damages from an allegedly negligent valuation by the defendant. It had syndicated its loan, and the defendant now argued that it could only claim for that part of the loan for which it retained ownership.
Held: The . .
Cited – Downs and Another v Chappell and Another CA 3-Apr-1996
The plaintiffs had suceeded in variously establishing claims in deceit and negligence, but now appealed against the finding that no damages had flowed from the wrongs. They had been sold a business on the basis of incorrect figures.
Held: . .
Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 21 July 2022; Ref: scu.78174

Thomas Newell Ltd v Lancaster City Council: UTLC 8 Feb 2010

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 1961 ss.14(2) and (3) and 16(1) and (2)

Citations:

[2010] RVR 223, [2010] JPL 811, [2010] UKUT 2 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Thomas Newall Ltd v Lancaster City Council UTLC 15-Dec-2011
COMPENSATION – compulsory purchase – former mill building occupied by various businesses – value – whether planning permission required to use bulk of accommodation as offices – held that it was – cost of essential repairs – whether 50 per cent . .
See Also – Lancaster City Council v Thomas Newall Ltd CA 11-Jul-2013
. .
Cited – Homes and Communities Agency v JS Bloor (Wilmslow) Ltd SC 22-Feb-2017
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development.
Held: The tribunal’s application of these difficult provisions to the complex facts of this case . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 21 July 2022; Ref: scu.640531

Farstad Supply As v Enviroco Ltd: SCS 20 Feb 2013

The pursuers sought damages arising from a fire on their oil rig. The principal damages had been agreed, but the parties disputed the calculation of interest, the defenders saying that interest was due only on elements quantifiable before the date of the decree, and that the current interest rate provided, of 8% was excessive and would return a profit rather than compensation for losses.

Judges:

Lord Eassie, Lord Mackay of Drumadoon, Lord Marnoch

Citations:

[2013] ScotCS CSIH – 9, 2013 SC 302, 2013 SLT 421, [2013] CSIH 9, 2013 GWD 9-194

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Farstad Supply As v Enviroco Ltd SCS 14-Sep-2011
(Outer House) The parties had settled a claim for the loss by fire of an oil rig supply vessel. The parties now disputed whether the settlement carries interest under the Act. The parties’ insurers were concerned that the interest rate awarded under . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 21 July 2022; Ref: scu.471060

Evans Marshall and Co Ltd v Bertola SA: CA 1973

Lord Justice Sachs considered whether damages were an adequate remedy for the refusal of an injunction, and said: ‘The standard question in relation to the grant of an injunction, Are damages an adequate remedy?’ might perhaps, in the light of the authorities of recent years, be re-written as, ‘Is it just, in all the circumstances, that a plaintiff should be confined to his remedy in damages?’.’ . . and ‘The courts have repeatedly recognised there can be claims under contracts in which, as here, it is unjust to confine a plaintiff to his damages for their breach. Great difficulty in estimating these damages is one factor that can be and has been taken into account. Another factor is the creation of certain areas of damage which cannot be taken into monetary account in a common law action for breach of contract. Loss of goodwill and trade reputation are examples. Generally, indeed, the grant of injunctions in contract cases stems from such factors’.

Judges:

Sachs, Edmund Davies and Cairns LJJ

Citations:

[1973] 1 WLR 349

Jurisdiction:

England and Wales

Cited by:

Cited – AB v CD QBD 3-Jan-2014
The parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of . .
Cited – NATS (Services) Ltd v Gatwick Airport Ltd and Another TCC 2-Oct-2014
NATS had tendered unsuccessfully for a contract to provide air traffic control services at Gatrwick airport, and challenged the award. GAL denied that the Regulations applied and now sought disapplication of the automatic suspension from the award . .
Lists of cited by and citing cases may be incomplete.

Damages, Construction

Updated: 21 July 2022; Ref: scu.266304

Dominion Mosaics Limited v Trafalgar Trucking Co Limited: CA 1990

The claimant’s building was destroyed by fire as a result of the defendant’s negligence. It was impracticable to rebuild and so, to keep its business going the claimant bought a 36 year lease of another building with 20% more floor space. In the fire the claimant had lost some carpet-holding machines which it had bought, almost new, for a bargain pounds 13,500, but which would cost pounds 65,000 to replace. It did not replace the machines, but claimed pounds 65,000.
Held: It was entitled to succeed on both claims. Should the replacement cost be more than the market value, that cost is still recoverable if it is reasonable to replace. It is not relevant that the replacement cost should exceed the amount for which the purchaser acquired the goods.
Taylor LJ: As to the cost of the lease: ‘Although the ground area was somewhat greater at Waterden Road than their original premises, I consider that it falls within the sort of betterment for which no reduction should be made. It is not as case, as this court instanced in the Harbutt’s Plasticine case, of a rebuilding deliberately incorporating enlargement, improvement or added facilities.’
As to the machines, the CA increased the damages from pounds 13,500 to pounds 65,000: ‘Counsel’s arguments both before the judge and before us were based solely on the alternative awards of pounds 13,500 or pounds 65,000. No intermediate was canvassed. It was not suggested by the appellants, either in evidence or by submission, that there was any second-hand source of paternoster machines. The respondent’s evidence was that no such source existed to his knowledge. Where this is the case and the only way the owner of destroyed chattels can replace them is by buying new ones, the measure of damages is the cost of doing that, unless the result would be absurd . . Had it been argued that in fairness to the appellants some discount from the pounds 65,000 should have been allowed to reflect the depreciation of the machines in their few months of service, the point would have merited consideration. But no such submission was made nor was there any evidence on which to base an assessment of an appropriate discount. In these circumstances I consider that, of the two alternatives contended for, pounds 65,000 was the proper sum.’
Stocker LJ: ‘The cases cited seem to me clearly to point the distinction between a situation in which the proper and reasonable compensation for the plaintiff is diminution of the value of the building destroyed as damages on the one hand or reinstatement on the other, a distinction which, in most cases, will depend on whether or not the building destroyed is a profit-making asset. Since in almost any other case if the plaintiff recovers as damages the diminution in value he will have been restored to his original position, reinstatement, or its equivalent, is only appropriate where such is the only reasonable method of compensating a plaintiff for future loss of profits derived from the asset destroyed.’

Judges:

Taylor LJ, Stocker LJ

Citations:

[1990] 2 All ER 246

Jurisdiction:

England and Wales

Cited by:

Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Cited – Robot Arenas Ltd and Another v Waterfield and Another QBD 8-Feb-2010
The tenant company had defaulted under the lease, and the landlord had retaken possession. The landlord discarded the tenant’s possessions, and the tenant now sued, saying that the landlords as involuntary bailees owed duties to the proper owner. . .
Lists of cited by and citing cases may be incomplete.

Damages, Negligence

Updated: 21 July 2022; Ref: scu.238591

Subiah v The Attorney General of Trinidad and Tobago: PC 3 Nov 2008

(Trinidad and Tobago) The Board considered the extent of damages for infringement of the claimant’s constitutional rights. He had been on board a bus. He complained when a policeman was allowed not to buy a ticket. The same constable arrested him as he got off the bus. False charges were laid and he spent a night in the cells and was abused by the officer and others. Charges were dropped only several months later. He sought aggravated and or exemplary damages.
Held: Lord Bingham noted that when deciding whether to award vindicatory damages, the answer ‘is likely to be influenced by the quantum of the compensatory award, as also by the gravity of the constitutional violation in question to the extent that this is not already reflected in the compensatory award’.

Judges:

Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Carswell, Lord Brown of Eaton-under-Heywood, Lord Mance

Citations:

[2008] UKPC 47

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Inniss v The Attorney General of Saint Christopher and Nevis PC 30-Jul-2008
(Saint Christopher and Nevis) . .
Cited – Attorney General of Trinidad and Tobago v Ramanoop PC 23-Mar-2005
(Trinidad and Tobago) A police officer had unjustifiably roughed up, arrested, taken to the police station and locked up Mr Ramanoop, who now sought constitutional redress, including exemplary damages. He did not claim damages for the nominate torts . .
Cited – Merson v Cartwright, The Attorney General PC 13-Oct-2005
(Bahamas) The defendant police had appealed the quantum of damages awarded to the claimant for assault and battery and false imprisonment and malicious prosecution, saying that she had been doubly compensated. The claimant now appealed reduction of . .
Cited – Brown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
Cited – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .

Cited by:

Cited – Takitota v the Attorney General and others PC 18-Mar-2009
(Bahamas) The applicant a tourist had been wrongfully detained in appalling conditions in the Bahamas for over eight years after he lost his documents. He now appealed against an award of $500,000 dollars compensation.
Held: ‘it would not be . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Takitota v The Attorney General and Others PC 18-Mar-2009
Bahamas – The claimant appeald as to the amount of compensation awarded to him for his unlawful detention for over eight years, in appalling prison conditions. The Court of Appeal categorised his treatment not only as ‘less than humane’ but as a . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Damages, Constitutional

Updated: 19 July 2022; Ref: scu.277532

Abbey National Plc and Another v Chagger: EAT 16 Oct 2008

EAT RACE DISCRIMINATION: Direct / Burden of proof / Other losses
PRACTICE AND PROCEDURE: Delay in ET judgment
STATUTORY DISCIPLINE and GRIEVANCE PROCEDURES: Impact on compensation
C, aged 40, dismissed from bank ostensibly for redundancy, but the dismissal held by the Employment Tribunal to have been unfair and on racial grounds – Decision announced informally in immediate aftermath of hearing but delay of eight months in promulgating formal Judgment and Reasons – Compensation subsequently awarded in the sum of andpound;2.8m. (incorporating 2% uplift under s. 31 (3) of the 2002 Act), using a 16-year multiplier taken from the Ogden tables on the basis that C would suffer career-long loss – R’s appeals against both liability and remedy decisions; C’s cross-appeal on quantum of uplift
Liability appeal dismissed –
Held:
– Delay by Tribunal not such as to invalidate decision
– Tribunal correct to apply s. 54A (burden of proof provisions) notwithstanding C’s evidence that the discrimination was on grounds of ‘colour’ rather than ‘race’ or ‘ethnic or national origins’ – Okonu v. G4S Security Services (UK) Ltd. [2008] ICR 598 not followed
– Various particular challenges to the Tribunal’s reasoning not upheld
Remedy appeal allowed – Tribunal had made a number of errors. Particular points:
– Tribunal should have considered whether C would have been made redundant on the same occasion even if Employers had not been motivated by his race – Submission that ‘the Polkey question’ does not fall to be asked in discrimination cases rejected
– Compensation should have been limited to the loss of C’s employment with R
– Claim for compensation on the basis that C would suffer a stigma by reason of having brought proceedings against R not available in law
– Observations on the use of Ogden tables
Cross-appeal dismissed – Tribunal entitled to take the size of the award into account in applying s. 31 (4) – Aptuit (Edinburgh) Ltd. v. Kennedy UKEAT/0057/06 considered.

Judges:

Underhill P

Citations:

[2008] UKEAT 0606 – 07 – 1610, UKEAT/0606/07/RN, UKEAT/0037/08/RN, UKEAT/0041/08/RN

Links:

Bailii

Statutes:

Race Relations Act 1976 54, Employment Act 2002 31

Cited by:

Preferred – Milton Keynes General Hospital NHS Trust and Another v Maruziva EAT 9-Oct-2009
EAT RACE DISCRIMINATION: Direct / Burden of proof
VICTIMISATION DISCRIMINATION
PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke
Numerous complaints of direct . .
Appeal from – Chagger v Abbey National Plc and Another CA 13-Nov-2009
The claimant appealed against the limitation of 2% placed on the uplift of his award of damages for having failed to comply with relevant dispute procedures. The tribunal had found exceptional reasons for reducing the uplift given the size of the . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Damages

Updated: 19 July 2022; Ref: scu.277154

Wright v Davidson: 7 Feb 1992

(British Columbia Court of Appeal) The court rejected a claim for damages for a suicide after the deceased claimant had suffered injury in a road collision because the conscious decision of the deceased to take her own life had occurred without any ‘disabling mental illness’ indicative of ‘an incapacity in her faculty of volition’; ‘she made a conscious decision, there being no evidence of disabling mental illness to lead to the conclusion that she had an incapacity in her faculty of volition.’

Citations:

(1992) 88 DLR (4th) 698, 1992 CanLII 1020 (BC BA), [1992] 3 WWR 611, (1992), 64 BCLR (2d) 113

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – Corr v IBC Vehicles Ltd CA 31-Mar-2006
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 . .
Approved – Corr v IBC Vehicles Ltd HL 27-Feb-2008
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Negligence, Damages

Updated: 19 July 2022; Ref: scu.240046

Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc: QBD 26 Mar 2004

The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued.
Held: The words were defamatory. An offer of amends had been made, and the court had to ask what effect that had on the damages. A healthy discount was appropriate, but the court had to recognise this could not be calculated strictly. It would remain arbitrary. The court should still refer to personal injury awards as a guide starting point for assessment of damages. The damages for the book were set at andpound;7,500 and for the repetition in the newspaper at 45,000 reduced by 50% for the offer of amends.

Judges:

Eady J

Citations:

[2004] EWHC 647 (QB)

Links:

Bailii

Statutes:

Defamation Act 1996 3(5)

Jurisdiction:

England and Wales

Citing:

Cited – Dingle v Associated Newspapers HL 1964
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 . .
Cited – Watts v Aldington, Tolstoy v Aldington CA 15-Dec-1993
There had been a settlement of proceedings for libel brought by Lord Aldington against Mr Nigel Watts and Count Nikolai Tolstoy. Lord Aldington had obtained judgment for andpound;1.5 million in damages against both defendants following a trial. . .
Cited – Tolstoy Miloslavsky v United Kingdom ECHR 19-Jul-1995
The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case.
Held: It followed from established case law that article 6(1) did not . .
Cited – Cleese v Clark QBD 2003
The court looked at the calculation of damages after an offer of amends under the Act by the defendant.
Held: Such calculations have to be linked to the very different circumstances of each case. Comparisons with awards after jury trial were . .
Cited – Mawdsley v Guardian Newspapers Ltd QBD 2002
The court asked whether the summary judgment procedure under sections 8 to 10 of the 1996 Act, with its ceiling of andpound;10,000, was appropriate in a case in which a jury after a trial might award andpound;30,000. He decided that it was . .
Cited – Jones v Pollard, Mirror Group Newspapers Limited and Bailey CA 12-Dec-1996
Articles in consecutive issues of The Sunday Mirror accused the plaintiff of pimping for the KGB, organising sex with prostitutes for visiting British businessmen and then blackmailing them. The defendants pleaded justification. The plaintiff . .
Cited – Riches v News Group Newspapers Ltd CA 20-Feb-1985
The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.

Cited by:

Appeal from – Nail and Another v News Group Newspapers Ltd and others CA 20-Dec-2004
The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication.
Held: In defamation proceedings the damage to feelings is . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 19 July 2022; Ref: scu.194995

Jugoslavenska Oceanske Plovidba v Castle Investment Co Inc: CA 1974

London arbitrators had made an award for unpaid hire in US dollars, being the currency of the hire contract. An issue arose whether an English court could give leave under the Act to enforce the award in the same manner as a judgment to the same effect.
Held: English arbitrators had jurisdiction to make their awards in a foreign currency where that currency was the currency of the contract. Such an award could be enforced with the leave of the court by converting the award into sterling at the rate of exchange ruling at the date of the award.
Lord Denning MR said: ‘In my opinion English arbitrators have authority, jurisdiction and power to make an award for payment of an amount in foreign currency. They can do this – and I would add, should do this – whenever the money of account and the money of payment is in one single foreign currency. They should make their award in that currency because it is the proper currency of the contract. By that I mean that it is the currency with which the payments under the contract have the closest and most real connection. Likewise, whenever the proper currency of a contract is a foreign currency, English arbitrators can and should make their award in that currency, unless the parties have expressly or impliedly agreed otherwise. The proper currency can usually be ascertained without difficulty. But if the transaction is closely connected with two currencies (as in The the Hu [1970] P 106 Japanese salvors of a Panamanian vessel) the arbitrators can and should make their award in whichever of the two currencies seems to them to produce the most appropriate and just result.’ and (Roskill LJ) ‘I would only add on this part of the case that this decision does not amount to a general licence to arbitrators and umpires to make awards in any currency they choose heedless of the provisions of the contract with which they are concerned. The currency of account and the currency of payment will in most cases be easily ascertainable just as the proper law of a contract is in most cases easily ascertainable. In a few cases the problem will be difficult as in a few cases the question of proper law is difficult. But even in a difficult case the problem must ultimately be capable of solution and the arbitrators (if they wish) can – as I would think – always decide as a matter of discretion to make an award in sterling unless either the terms of the contract in question or of the arbitration agreement under which their jurisdiction arises or some other reason prevents them from so doing.’

Judges:

Lord Denning MR

Citations:

[1974] QB 292

Statutes:

Arbitration Act 1950 26

Jurisdiction:

England and Wales

Cited by:

Cited – Lesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
Cited – Lesotho Highlands Development Authority v Impregilo Spa and others HL 30-Jun-2005
The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies.
Held: The question remained whether . .
Lists of cited by and citing cases may be incomplete.

Arbitration, International, Damages, Litigation Practice

Updated: 19 July 2022; Ref: scu.185175

Cleese v Clark: QBD 2003

The court looked at the calculation of damages after an offer of amends under the Act by the defendant.
Held: Such calculations have to be linked to the very different circumstances of each case. Comparisons with awards after jury trial were unhepful: ‘I am not concerned with hypothesising as to what a particular group of 12 lay persons might have done, on the basis of what other groups of lay persons have done in the past’ and ‘I must also have an eye to the levels of compensation awarded in personal injury claims. That is in accordance with the modern practice and was only recognised as acceptable following the Court of Appeal’s decision in John v MGN Ltd [1997] Q.B. 586. It is important to realise that there have been relatively few jury awards over the intervening period. One needs naturally to put to one side some of the well known awards in earlier cases where juries were not invited to take such factors into account. There is, therefore, as we have been told more than once recently, a ‘new landscape’ and assessments have to be made without the baggage of that previous experience.’ He continued: ‘the amount of financial compensation is likely to be assessed partly be reference to the timing, scope and effectiveness of any apology made, or proffered, and it clearly makes sense for the two matters to be on the agenda for discussion at the same time.’
It is appropriate in defamation, as in other areas of the law, for a tortfeasor to ‘take his victim as he finds him’.

Judges:

Eady J

Citations:

[2004] EMLR 37, [2003] EWHC 137 (QB)

Statutes:

Defamation Act 1996 3(5)

Jurisdiction:

England and Wales

Citing:

Cited – John v MGN Ltd CA 12-Dec-1995
Defamation – Large Damages Awards
MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in . .

Cited by:

Cited – Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc QBD 26-Mar-2004
The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued.
Held: The words were defamatory. An . .
Cited – Nail and Another v News Group Newspapers Ltd and others CA 20-Dec-2004
The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication.
Held: In defamation proceedings the damage to feelings is . .
Cited – Adelson and Another v Associated Newspapers QBD 19-Feb-2008
Complaint was made that an article was defamatory of the owner of Manchester United. The defendant now argued that the game was not worth the candle. The costs vastly exceeded any possible recovery, and it had openly offered vindication, and that . .
Cited – Bowman v MGN Ltd QBD 26-Apr-2010
The claimant complained of an article on the defendant’s web-site. The defendant offered an unqualified offer of amends. The court was asked to settle an amount of compensation. Though the article was removed within a few hours and upon receipt of . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 19 July 2022; Ref: scu.195004

Riches v News Group Newspapers Ltd: CA 20 Feb 1985

The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.
Held: Damages for defamation might be increased where a newspaper advertised the story complained of. Nevertheless, a retrial was ordered. The jury should be asked to make one award of exemplary damages which should then be divided between the plaintiffs. The award of exemplary damages was proper because there was evidence that the defendant had calculated the risk of damages against the benefit of increased sales.

Judges:

Stephenson LJ, Parker LJ, Park J

Citations:

[1986] QB 256, [1985] EWCA Civ 20, [1985] 3 WLR 432, [1985] 2 All ER 845

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Applied – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
Applied – Blackshaw v Lord CA 1984
Claim to privilege must be precisely focused
The Daily Telegraph carried an article headed ‘Incompetence at ministry cost pounds 52 million’ recording that a number of senior civil servants had been reprimanded after investigation by the Public Accounts Committee. The plaintiff had been in . .
Applied – Cassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .

Cited by:

Cited – Lancashire County Council v Municipal Mutual Insurance Ltd CA 3-Apr-1996
The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The . .
Cited – Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc QBD 26-Mar-2004
The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued.
Held: The words were defamatory. An . .
Cited – Vellino v Chief Constable of Greater Manchester Police CA 31-Jul-2001
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in . .
Cited – AT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .
Cited – AT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 19 July 2022; Ref: scu.182945

Farrall v Kordowski: QBD 2011

A posting on a website criticised the competence and integrity of a solicitor. The posting was thought to have been live for about a month. On an application under ss 8 and 9 of the 1996 Act in a claim which was undefended Lloyd-Jones J awarded andpound;10,000.

Citations:

[2011] EWHC 2140 (QB)

Statutes:

Defamation Act 1996 8 9

Jurisdiction:

England and Wales

Cited by:

Cited – Brett Wilson Llp v Person(s) Unknown, Responsible for The Operation and Publication of The Website www.solicitorsfromhelluk.com QBD 16-Sep-2015
The claimant solicitors sought remedies against the unknown publishers of the respondent website which was said to publish material defamatory of them, and to ampunt to harassment.
Held: The alleged defamatory meanings were not challenged by . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 19 July 2022; Ref: scu.552389

Lancaster City Council v Thomas Newall Ltd: CA 11 Jul 2013

Citations:

[2013] EWCA Civ 802

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Thomas Newell Ltd v Lancaster City Council UTLC 8-Feb-2010
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 – . .
Appeal from – Thomas Newall Ltd v Lancaster City Council UTLC 15-Dec-2011
COMPENSATION – compulsory purchase – former mill building occupied by various businesses – value – whether planning permission required to use bulk of accommodation as offices – held that it was – cost of essential repairs – whether 50 per cent . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 19 July 2022; Ref: scu.512314

Melwood Units Pty Limited v The Commissioner of Main Roads: PC 23 May 1978

(Queensland) The Board considered the compensation payable on the compulsory purchase of land for the purpose of an expressway between Brisbane and Combabah. At the date of compulsory acquisition the project had reached the stage where it was reasonable to assume that a strip of the appellant’s land would be acquired for the expressway. The Land Appeal Court assessed compensation on the basis that the value of the land was to be arrived at by adjusting the price paid by the appellant for it in the light of the proposal. The Full Court of the Supreme Court of Queensland took the view that the question of the status and effect of the expressway proposal raised issues of fact upon the valuation but no question of law.
Held: A failure to properly apply the Point Gourde principle did disclose a question of law. The Pointe Gourde principle is part of the ‘common law deriving as a matter of principle from the nature of compensation for resumption or compulsory acquisition.’ The principle operates both with respect to the consequential enhancement and adverse effect of a scheme for public works upon resumed land. A resuming authority cannot by its project of resumption destroy the potential for the highest and best use of the land and then resume land severing it from part of the previous holding, on the basis that the destroyed potential never existed. The principle remains applicable where planning permission is refused for development for the highest and best use of the whole of the land, because of the apprehended use of part of the land for a public purpose.
Lord Russell of Killowen said: ‘Under the principle in Point (sic) Gourde Quarrying and Transport Co Ltd v Sub-Intendent of Crown Lands [1947] A.C. 565 the landowner cannot claim compensation to the extent to which the value of his land is enhanced by the very scheme of which the resumption forms an integral part: that principle in their Lordships’ opinion operates also in reverse. A resuming authority cannot by its project of resumption destroy the potential of the [land to be resumed] and then resume and sever on the basis that the destroyed potential had never existed.’
(Queensland)

Judges:

Lord Russell of Killowen

Citations:

[1979] AC 426, [1978] UKPC 10

Links:

Bailii

Jurisdiction:

Australia

Cited by:

Cited – Homes and Communities Agency v JS Bloor (Wilmslow) Ltd SC 22-Feb-2017
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development.
Held: The tribunal’s application of these difficult provisions to the complex facts of this case . .
Lists of cited by and citing cases may be incomplete.

Land, Damages, Commonwealth

Updated: 19 July 2022; Ref: scu.443340

Transport for London v Spirerose Ltd (In Administration): CA 13 Nov 2008

The parties disputed the compensation to be awarded on the compulsory acquisition of land and in particular as to whether ‘the site should be valued on the basis (a) (as the tribunal held) of its full value with planning permission for a mixed use development; or (b) as TfL argued, a percentage only of that value (‘hope value’) reflecting the probability of the permission being granted, as perceived by the market in the no-scheme world.’

Judges:

Carnwath LJ, Thomas LJ, Etherton LJ

Citations:

[2008] EWCA Civ 1230, [2008] 46 EG 115, [2009] 1 P and CR 20, [2009] JPL 760, [2009] 1 EGLR 107, [2009] RVR 18, [2008] NPC 121

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Spirerose Ltd v Transport for London LT 16-Nov-2007
LT COMPENSATION – compulsory purchase – acquisition of former industrial premises – claim for loss of development value – valuation – planning permission in no-scheme world – whether planning permission that . .

Cited by:

Appeal from – Transport for London (London Underground Ltd) v Spirerose Ltd HL 30-Jul-2009
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 . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 19 July 2022; Ref: scu.277856

Dickins v O2 Plc: CA 16 Oct 2008

The employer appealed against a finding that it was responsible for the personal injury of the claimant in the form of psychiatric injury resulting from stress suffered working for them. She had told her employers that she was at the end of her tether, but they failed to respond, and a few weeks later her health broke down. The employer denied that they had been forewarned, and said that it was for her to refer herself to her doctor.
Held: The appeal failed. The judge had not failed to distinguish stress and stress related illness. The employer claimed as per Hatton that having provided a counselling service, it shoud not be held liable. The importance of such a service was that the confidentiality might allow an employee to seek assistance without the employer knowing the details. The court expresed doubts however about the method of apportionment of damages used.

Judges:

Smith LJ, Sedley LJ, Wall LJ

Citations:

[2008] EWCA Civ 1144

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Conn v Sunderland CA 7-Nov-2007
The claimant said that he had been harassed by the respondent through an employee.
Held: Under the 1997 Act, the behaviour had to go beyond the regrettable to the unacceptable, and would be of such gravity as would sustain criminal liability . .
Cited – Intel Corporation (UK) Ltd v Daw CA 7-Feb-2007
The company appealed against an award of damages to the defendant for personal injury in the form of stress induced mental illness.
Held: The reference to counselling services in Hatton did not make such services a panacea by which employers . .
Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
Cited – Bailey v The Ministry of Defence and Another CA 29-Jul-2008
The claimant had suffered brain damage following cardiac arrest after inhaling vomit. She had inhaled her vomit because she was in a very weakened state. Two causes had contributed to her weakness, one tortious, the other not. The judge below held . .
Cited – Rahman v Arearose Limited and Another, University College London, NHS Trust CA 15-Jun-2000
The claimant had suffered a vicious physical assault from which the claimant’s employers should have protected him, and an incompetently performed surgical operation. Three psychiatrists agreed that the aetiology of the claimant’s very severe . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Employment, Damages

Updated: 19 July 2022; Ref: scu.276943

Les Laboratoires Servier and Another v Apotex Inc and others: ChD 9 Oct 2008

The claimant had alleged that the defendant was producing generic drugs which infringed its rights in a new drug. The patentee had given a cross-undertaking in damages, but the patent was later ruled invalid. The court had to assess the damages to be ordered under the undertaking.
Held: The first issue was to establish the actual loss on a compensation not a punitive basis: ‘the award is of equitable compensation (not of damages strictly so called) and that there may be occasion to examine whether such equitable compensation should be fettered by rigid adherence to common law rules.’ and ‘whilst it is for Apotex to establish its loss by adducing the relevant evidence, I do not think I should be over eager in my scrutiny of that evidence or too ready to subject Apotex’ methodology to minute criticism. That is so for two reasons, quite apart from an acceptance of the proposition that the very nature of the exercise renders precision impossible.’ The reasons where that the party seeking the injunction had already stated that such a calculation could be made, and that the assessment is a liberal one, though falling short of punitive.

Judges:

Norris J

Citations:

[2008] EWHC 2347 (Ch), [2009] FSR 3

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – Smithkline Beecham Plc and Another v Apotex Europe Ltd and others CA 14-Feb-2003
Patent infringement claim. . .
See Also – Les Laboratoires Servier and Another v Apotex Inc and others CA 9-May-2008
Appeal against finding that patent was invalid for lack of novelty, but that if valid the defendant’s product would have infringed it. . .
Cited – Pozzoli Spa v BDMO Sa and Another CA 22-Jun-2007
The patentee had invented a method for storing CDs. The patentee sought leave to appeal a finding that its patent was invalid, and if successful, to appeal a finding that the defendant’s apparatus was not infringing.
Held: The application for . .
Cited – Smith v Day 1882
. .
Cited – Chaplin v Hicks CA 1911
A woman who was wrongly deprived of the chance of being one of the winners in a beauty competition was awarded damages for loss of a chance. The court did not attempt to decide on balance of probability the hypothetical past event of what would have . .
Cited – Mallett v McMonagle HL 1970
The House discussed the role of the court in assessing future losses. Lord Diplock: ‘The role of the court in making an assessment of damages which depends upon its view as to what will be and what would have been is to be contrasted with its . .
Cited – General Tire v Firestone Tyre and Rubber Company Limited HL 1975
The object of damages is to compensate for loss or injury. The general rule for ‘economic’ torts is that the measure is that sum of money which will put the injured party in the same position as he would have been in if he had not sustained the . .
Cited – Malmesbury and others v Strutt and Parker (A Partnership) and Another QBD 11-May-2007
. .
Cited – Ketteman v Hansel Properties Ltd HL 1987
Houses were built on defective foundations. The purchasers sued the builders and later the architects who designed them. The defendants argued that the houses were doomed from the start so that the cause of action accrued, not when the physical . .
Cited – Columbia Pictures Industries Inc v Robinson ChD 1986
The plaintiff had obtained an Anton Piller order against a defendant whose business consisted almost entirely in the manufacture and sale of pirated videos.
Held: The injunction had been obtained for an improper purpose and without full . .

Cited by:

Cited – Soutzos v Asombang and Others ChD 21-Jun-2011
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 . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 19 July 2022; Ref: scu.276791

Yarl’s Wood Immigration Ltd and others v Bedfordshire Police Authority: ComC 30 Sep 2008

The owners of the Yarslwood Immigration centre sought damages under the 1886 Act after a riot at the centre caused substantial damage.
Held: The claim failed: ‘The fact that YWIL and GSL [the appellants] were acting as public authorities exercising coercive powers of the state in carrying out its public function in respect of the Yarl’s Wood immigration detention centre does not per se put them outside the scope of the 1886 Act. However, the fact that they are entities with public law powers and duties for order within the detention centre means that, in respect of loss suffered from riot damage caused by detainees within the centre, they are not qualifying persons within the 1886 Act. The 1886 Act and its predecessors imposed a statutory duty to compensate on those responsible for law and order in a given area. The intention behind the legislation was that local property owners should be entitled to obtain compensation from the body with responsibility for protecting them from the risk of riot. It was not to enable a public authority with a particular responsibility for order within a defined area to seek compensation from another public authority with a broadly equivalent, but not identical, responsibility for order in that area.’
Rix LJ described the rationalisation of the liability of the hundred and now the police authority in these terms: ‘It seems to me that what Lord Mansfield had to say about that question, so much closer to the origin of the first Riot Act 1714, still retains pertinence, expressing as it does the common sense of the matter. It is for the sake of the party whose property has been damaged, it is to encourage the inhabitants (now the police force) of the locality, but including the party injured himself, all to assist in the preservation of the peace, it is to share the burden both of keeping the peace and of the misfortune of loss or injury. Moreover, as is so often the case with strict liability, it is because those who are liable to compensate are also regarded by the law as standing in the shoes of the wrongdoers themselves (as, for instance, in the case of the vicariously liable), in part because their obligation, their strict obligation, is to prevent what has happened happening.’

Judges:

Beatson J

Citations:

[2008] EWHC 2207 (Comm), [2009] 1 All ER 886, (2008) 158 NLJ 1415

Links:

Bailii

Statutes:

Riot (Damages) Act 1886

Jurisdiction:

England and Wales

Citing:

See Also – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
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 . .

Cited by:

Appeal from – Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority CA 23-Oct-2009
The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was . .
See Also – Bedfordshire Police Authority v Constable CA 12-Feb-2009
The police had responded to a riot at Yarlswood detention centre. They had insurance to cover their liability under the 1886 Act, but the re-insurers said that the insurance did not cover the event, saying that the liability was for statutory . .
Cited – The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others SC 20-Apr-2016
The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and . .
Lists of cited by and citing cases may be incomplete.

Police, Damages

Updated: 19 July 2022; Ref: scu.276537

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 had refused to indemnify him should his employers claim under a restrictive covenant. He had been explicitly warned of the consequences of not going ahead after signing, but now said that the provision amounted to a penalty.
Held: ‘The fact that the parties state that the clause is not a penalty clause and the fact that they are of equal bargaining power are not decisive factors but they are certainly relevant to the consideration of the Court. It has to be borne in mind that it is clearly established that the burden of proving that a clause is a penalty clause lies upon the person who seeks to escape liability under it.’ There is no reason in principle why a pre-estimate of loss should not be in a contract of employment: this was a matter for assessment in each case. Here the defendant had failed to establish that the clause was a penalty.
Where each side had equal bargaining power and legal representation, ‘it is in my judgment only where a stipulated sum is extravagant or unconscionable in amount compared with the greatest loss or range of losses that could conceivably prove to follow breach that the clause should be held to be a penalty.’

Judges:

Nelson J

Citations:

[2008] EWHC 1924 (QB), [2008] IRLR 760

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Clydebank Engineering Co v Castaneda HL 19-Nov-1904
The House considered a contract for the construction by a Scottish shipbuilder of four torpedo boats for the Spanish government. The contract provided that: ‘The penalty for late delivery shall be at the rate of andpound;500 per week for each . .
Cited – Cine Bes Filmcilik Ve Yapimcilik and Another v United International Pictures and Others CA 21-Nov-2003
The parties entered into agreements licensing the exclusive distribution of encrypted television channels within Turkey. A clause provided a calculation of damages for a breach amounting to the balance of licence fees due, and other penalties, . .
Cited – Lordsvale Finance Plc v Bank of Zambia QBD 20-Mar-1996
The court looked at a facility agreement opened by a bank in favour of the defendant which provided that in the event of default the defendant should pay interest during the period of default at an aggregate rate equal to the cost to the bank of . .
Cited – Philips (Hong Kong) Ltd v The Attorney General of Hong Kong PC 9-Feb-1993
After referring to two Australian cases on penalty clauses in contracts: ‘These statements assist by making it clear that the court should not adopt an approach to provisions as to liquidated damages which could, as indicated earlier, defeat their . .
Cited – Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd HL 1-Jul-1914
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, . .
Cited – Robophone Facilities Ltd v Bank CA 1966
Parties to a contract should be free to stipulate not only primary obligations and rights but also the secondary rights and obligations, ie those which arise upon non-performance of any primary obligation by one of the parties to the contract, but . .
Cited – Elsey v J G Collins Insurance Agencies Limited 1978
(Supreme Court of Canada) The court considered the power to strike down a clause as a penalty: ‘It is now evident that the power to strike down a penalty clause is a blatant interference with the freedom of contract and is designed for the sole . .
Cited – Giraud UK Ltd v Smith EAT 12-Jan-2000
A contract of employment may contain a lawful liquated damages clause provided that it is not a penalty clause. . .
Cited – Ebbw Vale Steel Co v Tew CA 1935
The court considered the damages to be awarded where an employee left without the proper notice: ‘The Judge should ascertain the workman’s probable output during the time of default, find its selling value, deduct the expenses which would have been . .
Cited – Murray v Leisureplay Plc QBD 5-Aug-2004
The claimant sought payment of three years’ salary after termination of his service contract. He said that an agreement had been made by the company to purchase a ‘financial institution’, which would trigger the additional payments. The defendants . .
Cited – Jeancharm Ltd (T/A Beaver International) v Barnet Football Club Ltd CA 16-Jan-2002
The claimant contracted to supply football shirts to the defendant, but claimed that clauses in the contract with regards to late delivery and payment operated as penalties and so were void at common law.
Held: The sums set out were immodest . .
Cited – Anglia Television v Oliver Reed CA 1971
The television company had agreed with the actor defendant for him to appear in a production. He breached the contract. The company sought both loss of profits and for the expense incurred. The issue before the Court of Appeal was whether such . .
Lists of cited by and citing cases may be incomplete.

Contract, Employment, Damages

Updated: 18 July 2022; Ref: scu.272259

Rugby Joint Water Board v Shaw-Fox: HL 1973

The water board obtained a compulsory purchase order to buy agricultural land adjoining a reservoir. The land was subject to protected tenancies under the 1948 Act.
Held: (Majority) Because the land subject to notices to treat was required for a use other than agriculture the tenancies were no longer protected. The Point Gourde principle did not prevent reference to the effect of the scheme of acquisition to ascertain the interest of a claimant at the date of acquisition. What was prevented by the Point Gourde principle was the use of the scheme in arriving at the value of the interest, once that interest had been ascertained. (Lord Simon of Glaisdale dissenting) Compulsory acquisition by public authorities for public purposes has always been in this country entirely a creature of statute.

Judges:

Lord Pearson, Lord Simon of Glaisdale

Citations:

[1973] AC 202

Statutes:

Agricultural Holdings Act 1948

Jurisdiction:

England and Wales

Citing:

Applied – Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands PC 29-Jul-1947
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 . .

Cited by:

Cited – Waters and others v Welsh Development Agency HL 29-Apr-2004
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 . .
Cited – Transport for London (London Underground Ltd) v Spirerose Ltd HL 30-Jul-2009
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 . .
Cited – Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another SC 12-May-2010
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an . .
Cited – Homes and Communities Agency v JS Bloor (Wilmslow) Ltd SC 22-Feb-2017
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development.
Held: The tribunal’s application of these difficult provisions to the complex facts of this case . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 18 July 2022; Ref: scu.196515

Camrose v Basingstoke Corporation: CA 1966

Basingstoke was to be expanded to receive overspill population from London and the corporation contracted to purchase about 550 acres from a landowner on terms that the price would be assessed as though the land had been compulsorily acquired under the 1952 Act. About 383 of the 550 acres were, in the town development plan, designated for residential development. The question was whether the increase in the value of the intended residential land brought about by the town development scheme should be reflected in the compensation. The relevant Act for assessment of compensation purposes was 1961 Act. The first question was whether the case fell within one of the new statutory disregards.
Held: On a literal reading of the statutory provisions, any increase in value of the relevant land attributable to the development, or the prospect of development, of the rest of the land in the town development plan was to be excluded, but any increase in value of the relevant land due to its own inclusion in the town development plan was not excluded. This conclusion as ‘contrary to commonsense’. And ‘The explanation of section 6(1) is, I think, this: The legislature was aware of the general principle that, in assessing compensation for compulsory acquisition of a defined parcel of land, you do not take into account an increase in value of that parcel of land if the increase is entirely due to the scheme involving the acquisition. . . . It is left untouched by section 6(1). But there might be some doubt as to its scope. So the legislature passed section 6(1) and the First Schedule in order to make it clear that you were not to take into account any increase due to the development of the other land, namely, land other than the claimed parcel. I think that the decision in the Pointe Gourde case covers one aspect: and section 6(1) covers the other: with the result that the tribunal is to ignore any increase in value due to the Town Development Act, both on the relevant land and on the other land.’

Judges:

Lord Denning, Davies LJ, Russell LJ

Citations:

[1966] 1 WLR 1100

Statutes:

Land Compensation Act 1961 5 6

Jurisdiction:

England and Wales

Citing:

Cited – Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands PC 29-Jul-1947
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 . .
Cited – Davy v Leeds Corporation HL 1965
The Corporation declared an area in which the appellants owned some slum houses to be a slum clearance area and made a compulsory purchase order. Compensation was to be assessed under the 1919 Act and the 1959 Act. The appellants were entitled to . .

Cited by:

Doubted – Waters and others v Welsh Development Agency HL 29-Apr-2004
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 . .
Cited – Myers v Milton Keynes Development Corporation CA 1974
Land was to be acquired for the development of a new town. The court faced the issue, in the context of a valuation for compulsory purchase, of whether the required disregard of any increase in value attributable to the ‘scheme’ meant that the . .
Cited – J A Pye (Oxford) Limited v Kingswood Borough Council CA 6-Apr-1998
The purchase of land which was to form the last part of a development was to be valued without taking account of the enhanced value which would be attributed to the much larger scheme of development. To ascertain what is to be ignored by the valuer . .
Cited – Transport for London (London Underground Ltd) v Spirerose Ltd HL 30-Jul-2009
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 . .
Cited – Homes and Communities Agency v JS Bloor (Wilmslow) Ltd SC 22-Feb-2017
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development.
Held: The tribunal’s application of these difficult provisions to the complex facts of this case . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 18 July 2022; Ref: scu.196518