Category: Damages

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 valuer should disregard the scheme altogether or permitted him to have regard to it when identifying the ‘proposals of the acquiring authority’ in accordance with which the valuer had to assume planning permission would be granted. A valuer assessing land for compulsory purchase was at risk of having to ‘conjure up a land of make-believe’ and ‘let his imagination take flight to the clouds’ ‘What is to be assumed about the Walton Manor Estate itself? Here again one thing is clear. You are not to assume that it would have been developed in accordance with the proposals of the development corporation. You are to disregard any increase by reason of the estate itself being developed in accordance with their proposals. . . But you are to assume that after 10 years planning permission would be available for development as a residential area.’
and ‘It comes to this. In valuing the estate, you are to disregard the effect of the scheme, but you are to assume the availability of planning permission. This is best explained by taking an imaginary instance: A scheme is proposed for building a motorway across Dartmoor with a service station every five miles. Suppose that land is taken on which a service station is to be built as soon as possible. In assessing compensation, you are to disregard any increase due to the proposed motorway, or service stations. But if the landowner had already been granted actual permission for that piece of land for commercial purposes (for example, as a cafe), you are to have regard to it: see section 14 (2). Even if he had no such permission already, you are to assume that he would have been granted planning permission for a service station; see section 15 (1). And you are to value that land with that permission in the setting in which it would have been if there had been no scheme. If it would have been a good site for a service station, there would be a great increase in value. If it would have been in an inaccessible spot on the wild moor, there would be little, if any, increase in value because there would be no demand for it. A further complication arises when the proposals are not put into effect for 10 years. Planning permissions are not in practice granted so far ahead. They are only granted for immediate development. In the illustration you are therefore to assume that, after 10 years, planning permission would be granted for development of a service station – in a setting where there had been no scheme.’

Judges:

Lord Denning MR

Citations:

[1974] 1 WLR 696

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 – 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 . .
Cited – Wilson v Liverpool Corporation CA 1971
The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder.

Cited by:

Cited – C F and M G Roberts v South Gloucestershire District Council LT 31-Dec-1994
LT COMPENSATION – Compulsory purchase of land for the construction of a road – value – assumed planning permission – value of minerals – planning permission for a commercial minerals operation not granted or to . .
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 – 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 – Roberts and Another v South Gloucestershire Council CA 7-Nov-2002
The landowner appealed against the compensation awarded for the compulsory acquisition of his land for use as a road. The owners had been compensated only for its agricultural value, but said that it should have allowed for its value for minerals . .
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.186346

Selvanayagam v University of the West Indies: PC 14 Feb 1983

(Trinidad and Tobago) Having claimed damages for a personal injury, the plaintiff refused a curative operation. As a diabetic he said he faced additional risks.
Held: A plaintiff who rejects medical advice to undergo treatment must discharge a burden of showing that his refusal was reasonable in the light of the duty on him to mitigate his losses. In this case his refusal had been reasonable. The case was remitted to the local court to re-assess the damages.

Citations:

[1983] 1 WLR 585, [1983] 1 All ER 824, [1983] UKPC 5

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Geest plc v Monica Lansiquot PC 7-Oct-2002
(St. Lucia) The plaintiff claimed damages for personal injuries. The defendant wished to allege that she had failed to mitigate her damages by accepting medical treatment.
Held: If the plaintiff refused treatment, it was for the defendant to . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 18 July 2022; Ref: scu.180842

Rees v Commissioner of Police of The Metropolis: CA 20 Jan 2021

Appeal by the claimant, Jonathan Rees, against an assessment of damages (including aggravated and exemplary damages) in a total sum of pounds 155,000. The claim for damages was based on the claimant’s incarceration in prison in circumstances of (as was subsequently established) malicious prosecution and misfeasance in public office.

Citations:

[2021] EWCA Civ 49

Links:

Bailii

Jurisdiction:

England and Wales

Damages, Torts – Other

Updated: 18 July 2022; Ref: scu.657311

Greenweb Ltd v London Borough of Wandsworth: CA 31 Jul 2008

The authority appealed against an order requiring it to pay a sum in compensation on the purchase of land which was more than one hundred times its market value.
Held: Where the authority compulsorily acquired open land after declining a planning application for that land by the owner, it was to be valued on the basis that would have applied had permission been granted.

Judges:

Buxton, Thomas, Stanley Burnton LJJ

Citations:

[2009] JPL 116, [2008] RVR 294, [2009] 1 WLR 612, [2008] EWCA Civ 910

Links:

Bailii

Statutes:

Land Compensation Act 1961

Jurisdiction:

England and Wales

Citing:

Appeal from – Greenweb Ltd v London Borough of Wandsworth LT 17-Sep-2007
LT COMPENSATION – purchase notice – land in use as public open space – terrace of houses on land demolished during second world war – whether Third Schedule rights to be assumed – held they were – compensation . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 18 July 2022; Ref: scu.271288

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 quashed for some new fact discovered demonstrating innocence. The claimant victim had been shown later to have lied repeatedly on related matters and to the extent that her evidence was unreliable.
Held: The appeal failed. The claimant had not brought the case within the necessary conditions for a miscarriage of justice.

Judges:

Lord Phillips of Worth Matravers CJ

Citations:

[2007] EWHC 1855 (Admin)

Links:

Bailii

Statutes:

Criminal Justice Act 1988 122

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Makanjuola CACD 17-May-1995
Guidance was given on the directions to be given to the jury where a co-accused speaks for prosecution as a witness and in sexual assault cases. The full corroboration warning is not now needed; the Judge may use his own discretion, and may give a . .
Cited – Regina (Murphy) v Secretary of State for the Home Department; Regina (Brannan) v Same Admn 10-Feb-2005
The appellants sought compensation for their imprisonment having been (Mr Brannan’s father) wrongly convicted. They sought to bring in new evidence. The first appellant and the second appellant’s father had been convicted of murder. The second . .
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 by:

Cited – 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 . .
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.

Criminal Practice, Damages

Updated: 18 July 2022; Ref: scu.271164

Steel v Glasgow Iron and Steel Co Ltd: 1944

The question was whether the actions of the deceased had broken the chain of causation when he intervened in an attempt to save property. ‘This rule of the ‘reasonable and probable consequence’ is a key that opens several locks; for it not only fixes the nature and the measure of the duty to take care, but it may also aid in determining whether the causal nexus is complete and, perhaps, whether the damages claimed are too remote.’

Judges:

Lord Justice Clerk Cooper

Citations:

1944 SC 237

Jurisdiction:

Scotland

Citing:

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 – Glasgow Corporation v Muir HL 16-Apr-1943
The House considered the proper test to define the standard of care that must be adopted by the reasonable man in a claim for negligence.
Held: Lord Clauson said that the test is whether the person owing the duty of care ‘had in contemplation . .

Cited by:

Cited – Simmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Lists of cited by and citing cases may be incomplete.

Damages, Negligence

Updated: 17 July 2022; Ref: scu.196524

Walter v Alltools: 1944

The court considered damages to be awarded for false imprisonment: ‘ . . any evidence which tends to aggravate or mitigate the damage to a man’s reputation which flows naturally from his imprisonment must be admissible up to the moment when damages are assessed. A false imprisonment does not merely affect a man’s liberty, it also affects his reputation. The damage continues until it is caused to cease by an avowal that the imprisonment was false.’

Judges:

Lawrence LJ

Citations:

(1944) 61 TLR 39

Jurisdiction:

England and Wales

Cited by:

Disapproved – Lunt v Liverpool City Justices CA 5-Mar-1991
A man of good reputation had been imprisoned for forty two days wholly unjustifiably for alleged default in payment of rates. He sought damages.
Held: The Court increased the award from andpound;13,500.00 to andpound;25,000.00. Commenting on . .
Cited – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Lists of cited by and citing cases may be incomplete.

Damages, Torts – Other

Updated: 17 July 2022; Ref: scu.199752

British Sugar Plc v NEI Power Projects Ltd and Another: QBD 21 Feb 1997

The parties had contracted for the design delivery and installation of electrical equipment. The claimant said that the defects in it led to losses. The defendant said that they were not liable for the losses which were consequentional and excluded by the contract.
Held: Words seeking to place a limitation on liability for damages in relation to ‘consequential loss’ did not apply to loss flowing directly and naturally from a breach.

Judges:

Alliott J

Citations:

Times 21-Feb-1997

Jurisdiction:

England and Wales

Cited by:

Appeal from – British Sugar Plc v NEI Power Projects Limited and Anr CA 8-Oct-1997
The plaintiffs contracted for the delivery and installation of equipment by the defendant. After delays and defects the claimants sought damages. The defendants said that the contract provided that any liabiity for consequential losses was to be . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 17 July 2022; Ref: scu.78636

Rees and Others v Commissioner of Police of The Metropolis: Admn 31 Jul 2019

Quantum hearing to assess damages to be paid following findings for the claimants by the Court of Appeal on liability for malicious prosecution and misfeasance in public office.

Judges:

Mrs Justice Cheema-Grubb DBE

Citations:

[2019] EWHC 2120 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Damages, Torts – Other

Updated: 17 July 2022; Ref: scu.640134

OMV Petrom Sa v Glencore International Ag: ComC 13 Mar 2015

Judges:

Flaux J

Citations:

[2015] EWHC 666 (Comm), [2015] CN 510

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – OMV Petrom Sa v Glencore International Ag ComC 7-Feb-2014
The claimant sought to have struck out as abuse of process parts of the defence, saying that the factual issues raised had already been resolved in arbitration proceedings, but as against a different oarty. The defendant replied that the arbitration . .

Cited by:

Appeal from – OMV Petrom Sa v Glencore International Ag CA 21-Jul-2016
‘This case concerns the measure of damages for deceit.’ . .
Appeal from – OMV Petrom Sa v Glencore International Ag CA 27-Mar-2017
This appeal raises a straightforward but important point concerning the interest that the court may award when a claimant’s CPR Part 36 offer is rejected, but the claimant achieves a greater award at trial.
Sir Geoffrey Vos C said: ‘The parties . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 17 July 2022; Ref: scu.544560

Regina (Niazi) v Secretary of State for the Home Department: CA 9 Jul 2008

The claimants sought to challenge decisions to restrict payments made to victims of miscarriages of justice. A discretionary scheme had been stopped, and payments of applicants’ costs had been restricted to Legal Help rates.
Held: The simple existence of a voluntary scheme could not create a legitimate expectation of its continuance. For the doctrine to be engaged so as to bind the decision-maker, the assurance must be clear and unequivocal and ‘pressing and focused’.
Laws LJ discussed the suggested need to consult: ‘Thus a public authority will not often be held bound by the law to maintain in being a policy which on reasonable grounds it has chosen to alter or abandon. Nor will the law often require such a body to involve a section of the public in its decision-making process by notice or consultation if there has been no promise or practice to that effect. There is an underlying reason for this. Public authorities typically, and central government par excellence, enjoy wide discretions which it is their duty to exercise in the public interest. They have to decide the content and the pace of change. Often they must balance different, indeed opposing, interests across a wide spectrum. Generally they must be the masters of procedure as well as substance; and as such are generally entitled to keep their own counsel. All this is involved in what Sedley LJ described (BAPIO [2007] EWCA Civ 1139) as the entitlement of central government to formulate and re-formulate policy. This entitlement – in truth, a duty – is ordinarily repugnant to any requirement to bow to another’s will, albeit in the name of a substantive legitimate expectation. It is repugnant also to an enforced obligation, in the name of a procedural legitimate expectation, to take into account and respond to the views of particular persons whom the decision-maker has not chosen to consult.’ and ‘But the court will (subject to the overriding public interest) insist on such a requirement, and enforce such an obligation, where the decision-maker’s proposed action would otherwise be so unfair as to amount to an abuse of power, by reason of the way in which it has earlier conducted itself. In the paradigm case of procedural expectations it will generally be unfair and abusive for the decision-maker to break its express promise or established practice of notice or consultation. In such a case the decision-maker’s right and duty to formulate and re-formulate policy for itself and by its chosen procedures is not affronted, for it must itself have concluded that that interest is consistent with its proffered promise or practice. In other situations – the two kinds of legitimate expectation we are now considering – something no less concrete must be found. The cases demonstrate as much. What is fair or unfair is of course notoriously sensitive to factual nuance. In applying the discipline of authority, therefore, it is as well to bear in mind the observation of Sir Thomas Bingham MR as he then was in Ex p Unilever at 690f, that ‘[t]he categories of unfairness are not closed, and precedent should act as a guide not a cage.’
Laws LJ also said: ‘Authority shows that where a substantive expectation is to run the promise or practice which is its genesis is not merely a reflection of the ordinary fact (as I have put it) that a policy with no terminal date or terminating event will continue in effect until rational grounds for its cessation arise. Rather, it must constitute a specific undertaking directed at a particular individual or group by which the relevant policy’s continuance is assured . . I will give two concrete examples from the cases. In Ex p Khan [1985] 1 All ER 40 the Home Office promulgated specific criteria for the admission of children into this country for the purpose of adoption here. The appellant sought entry for his prospective adoptive child. He relied in terms on the published criteria which he fulfilled. But he found his application blocked by a further, unannounced criterion which he did not satisfy. This court allowed his appeal.’

Judges:

Laws LJ

Citations:

[2008] EWCA Civ 755, Times 21-Jul-2008

Links:

Bailii

Statutes:

Criminal Justice Act 1988 133

Jurisdiction:

England and Wales

Cited by:

Cited – Albert Court Residents Association and Others, Regina (on The Application of) v Corporation of The Hall of Arts and Sciences Admn 2-Mar-2010
Residents near the Albert Hall objected to the alteration of its licence so as to allow boxing and wrestling activities, and the extension of its opening hours. They said that the advertisements for the alterations failed to receive the prominence . .
Cited – London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Damages

Updated: 17 July 2022; Ref: scu.270576

Malmesbury and others v Strutt and Parker (A Partnership) and Another: QBD 11 May 2007

Citations:

[2007] EWHC 999 (QB), [2007] PNLR 570

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 15 July 2022; Ref: scu.252377

Redhead v Rawcliffe: QBD 31 Oct 2006

Dispute as to the extent to which the claimant who was a child severely injured in a road traffic accident, will need future care, and the responsibility, if any, of the local authority to fund it.

Judges:

Keith J

Citations:

[2006] EWHC 2695 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 15 July 2022; Ref: scu.245958

A Train and Sons Ltd v Fletcher: CA 24 Apr 2008

Appeal re award of interest on claim under Fatal Accidents Act.
Hooper LJ confessed: ‘I do not understand why chronological years are deducted from the multiplier’.

Judges:

Sir Mark Potter P, Hooper, Moses LJJ

Citations:

[2008] EWCA Civ 413, [2008] 4 All ER 699

Links:

Bailii

Statutes:

Fatal Accidents Act 1976

Jurisdiction:

England and Wales

Citing:

Cited – Cookson v Knowles HL 24-May-1978
The House described the approach to the calculation of damages for a dependency under the Fatal Accidents Acts.
Held: The multipliers in Fatal Accidents Act cases should be calculated from the date of death.
Sections 3 and 4 mark a . .

Cited by:

Cited – Knauer v Ministry of Justice SC 24-Feb-2016
The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 15 July 2022; Ref: scu.267997

Ide v ATB Sales Ltd and Another: CA 28 Apr 2008

Each appellant challenged how the judge had decided between alternative proofs of causation of the respective loss. In Ide, the claimant asserted a fault in a cycle handlebar, and in Lexus, the claimant asserted that it caught fire whilst unattended. The appellants each said that the respective judges had made the mistake of logic identified in the Popi M in accepting the only explanation left after discarding those he did not accept.
Held: The appeals failed. These were not Popi M cases. It had been correct to seek to identify the most probable cause. ‘As a matter of common sense it will usually be safe for a judge to conclude, where there are two competing theories before him neither of which is improbable, that having rejected one it is logical to accept the other as being the cause on the balance of probabilities. It was accepted in the course of argument on behalf of the appellant that, as a matter of principle, if there were only three possible causes of an event, then it was permissible for a judge to approach the matter by analysing each of those causes. If he ranked those causes in terms of probability and concluded that one was more probable than the others, then, provided those were the only three possible causes, he was entitled to conclude that the one he considered most probable, was the probable cause of the event provided it was not improbable.’

Judges:

Thomas LJ, Ward LJ, Dyson LJ

Citations:

[2008] EWCA Civ 424

Links:

Bailii

Statutes:

Consumer Protection Act 1987 2 3

Jurisdiction:

England and Wales

Citing:

Explained – Rhesa Shipping Co SA v Edmonds (The Popi M) HL 16-May-1985
The Popi M sank in calm seas and fair weather as a result of a large and sudden entry of water into her engine room through her shell plating. The vessel’s owners claimed against her hull and machinery underwriters, contending that the loss was . .
Cited – The Popi M; Rhesa Shipping Co SA v Edmonds 1983
The parties disputed the cause of the loss of a ship. The experts suggested different but improbably explanations; each supported as the most likely explanation only because any other hypothesis was regarded as almost (if not altogether) impossible. . .
Cited – Datec Electronics Holdings Ltd and others v United Parcels Services Ltd HL 16-May-2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . .
Cited – Moiz Ahmed Siddiqui, Ishrat Siddiqui/Bhajan Singh Sohanpal v Council of the London Borough of Hillingdon TCC 15-Apr-2003
The claimants sought damages for cracks in their house caused by the roots of trees on the defendant’s land.
Held: The claimants had failed to establish by evidence that the tree roots were the cause of the damage. The claim failed. . .
Cited – Datec Electronic Holdings Ltd and Another v United Parcels Service Ltd and Another ComC 22-Feb-2005
The claimant sought damages for the loss of goods in transit under the care of the defendant. Andrew Smith J held as regards the burden of proof in an allegation of wilful misconduct: ‘I should add that I was properly reminded by counsel that the . .
Cited – Datec Electronic Holdings Ltd and Another v United Parcels Service Ltd CA 29-Nov-2005
The parties put forward alternative explanations for the loss of a mail packet. Richards LJ said: ‘Nor do I see any inconsistency between my approach and the observations of Lord Brandon in The Popi M. The conclusion that employee theft was the . .
Appeal from – IDE v ATB Sales Ltd QBD 17-Jul-2007
The claimant was injured when he fell from his bicycle. The handlebar was broken. And the parties disputed whether the break was the cause or result of the fall. The handlebar was of an ultra light kind, which the manufacturer recommended was to be . .

Cited by:

Cited – Fosse Motor Engineers Ltd and others v Conde Nast and National Magazine Distributors Ltd and Another TCC 20-Aug-2008
The claimant said that the defendant’s employees had negligently started a fire which burned down the claimant’s warehouse. There was limited evidence to establish the cause.
Held: The claim failed. The scientific evidence did not point to any . .
Cited – Piper v Hales QBD 18-Jan-2013
The claimant owned a very vauable vintage Porsche racing car. It was hired to the defendant. The car suffered severe mechanical damage whilst being driven, and the insurers declined liability.
Held: The Defendant as hirer was under an . .
Cited – Love v Halfords Ltd QBD 8-Apr-2014
The claimant had purchased a new bicycle from the defendants who also maintained it. Several months later, the steerer tube broke causing an accident and severe injury. The cycle had been finally assembled by the defendant after importation, but . .
Lists of cited by and citing cases may be incomplete.

Damages, Litigation Practice

Updated: 14 July 2022; Ref: scu.267168

Jumbuk Ltd v West Midlands Passenger Transport Executive: LT 4 Feb 2008

LT COMPENSATION – Compulsory purchase – acquisition of town centre site in connection with Metro scheme – planning assumptions – development costs – valuation methodology – valuation – Land Compensation Act 1961 Section 5 rule (2) – compensation awarded andpound;1,165,683.06.

Citations:

[2008] EWLands CON – 19 – 2007

Links:

Bailii

Statutes:

Land Compensation Act 1961

Land, Damages

Updated: 14 July 2022; Ref: scu.266326

OMV Petrom Sa v Glencore International Ag: CA 21 Jul 2016

‘This case concerns the measure of damages for deceit.’

Judges:

Black, Kitchin, Christopher Clarke LJJ

Citations:

[2016] EWCA Civ 778

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – OMV Petrom Sa v Glencore International Ag ComC 7-Feb-2014
The claimant sought to have struck out as abuse of process parts of the defence, saying that the factual issues raised had already been resolved in arbitration proceedings, but as against a different oarty. The defendant replied that the arbitration . .
Appeal from – OMV Petrom Sa v Glencore International Ag ComC 13-Mar-2015
. .

Cited by:

See Also – OMV Petrom Sa v Glencore International Ag CA 27-Mar-2017
This appeal raises a straightforward but important point concerning the interest that the court may award when a claimant’s CPR Part 36 offer is rejected, but the claimant achieves a greater award at trial.
Sir Geoffrey Vos C said: ‘The parties . .
Lists of cited by and citing cases may be incomplete.

Damages, Torts – Other

Updated: 14 July 2022; Ref: scu.567508

Welsh Ambulance Services NHS Trust and Another v Williams: CA 15 Feb 2008

The court considered the essential philosophy underwriting the 1976 Act. Smith LJ said: ‘nothing that a dependant (or for that matter anyone else) could do after death could either increase or decrease the dependency. The dependency is fixed at the moment of death; it is what the dependants would probably have received as benefit from the deceased, had the deceased not died. What decisions people make afterwards is irrelevant. The only post death events which are relevant are those which affect the continuance of the dependency (such as the death of a dependant before trial) and the rise (or fall) in earnings to reflect the effects of inflation.’

Judges:

Smith, Thomas, Lloyd LJJ

Citations:

[2008] EWCA Civ 81

Links:

Bailii

Statutes:

Fatal Accidents Act 1976

Jurisdiction:

England and Wales

Citing:

Cited – Roerig v Valiant Trawlers Ltd CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under . .

Cited by:

Cited – Cox v Ergo Versicherung Ag and Another QBD 28-Oct-2011
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship.
Held: The object of section 844 . .
Cited – Cox v Ergo Versicherung Ag CA 25-Jun-2012
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law.
Held: ‘There . .
Cited – Cox v Ergo Versicherung Ag and Another QBD 28-Oct-2011
The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship.
Held: The object of section 844 . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 13 July 2022; Ref: scu.265926

Ferryways Nv v Associated British Ports: ComC 14 Feb 2008

The court considered the effect of an exclusion from liability reading: ‘Exclusion and Limitations of Liability . . (c) Where the Company is in breach of its obligations in respect of the Services or under any Contract or any duties it may have as bailee of the Goods it shall have no liability to the Customer in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Customer which is of an indirect or consequential nature including without limitation the following:
(i) loss or deferment of profit;
(ii) loss or deferment of revenue;
(iii) loss of goodwill;
(iv) loss of business;
(v) loss or deferment of production or increased costs of production;
(vi) the liabilities of the Customer to any other party.’
Held: Where a party seeks to protect himself from liability for losses otherwise recoverable by law for breach of contract he must do so by clear and unambiguous language. Clause 9(c) provides that liability for such losses as are ‘of an indirect or consequential nature’ is excluded. In the light of the well-recognised meaning which has been accorded to such words in a variety of exemption clauses by the courts from 1934 to 1999 it would require very clear words indeed to indicate that the parties’ intentions when using such words was to exclude losses which fall outside that well-recognised meaning. This is particularly so when ‘indirect’ is used as well as ‘consequential’. The use of ‘indirect’ draws an implicit distinction with direct losses. The meaning which has been given to direct losses in the cases which I have mentioned is ‘loss which flows naturally from the breach without other intervening cause and independently of special circumstances’ (per Atkinson J in Saint Line[3] at page 103). By contrast, indirect or consequential losses are losses which are not the direct and natural result of the breach (per Atkinson J in Saint Line at page 104).
The important question therefore is whether the words in clause 9 ‘including without limitation the following’ indicate clearly that the parties were giving their own definition of indirect or consequential losses so as to include the specified losses even if they are the direct and natural result of the breach in question. In my judgment those words do not provide the sort of clear indication which is necessary for the defendant’s argument. The parties are merely identifying the type of losses (without limitation) which can fall within the exemption clause so long as the losses meet the prior requirement that they are ‘of an indirect or consequential nature’. Had the parties intended that liability for losses which were the direct and natural result of the breach could be excluded they would have hardly have described such losses as ‘indirect or consequential’.

Citations:

[2008] EWHC 225 (Comm), [2008] 1 Lloyds Rep 639

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Markerstudy Insurance Company Ltd and Others v Endsleigh Insurance Services Ltd ComC 18-Feb-2010
The claimant insurers alleged the mishandling of insurance claims by the defendant of many claims leading to substantial losses. The parties asked the court to determine a basis for calculation of damages under the contract.
Held: A similar . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 13 July 2022; Ref: scu.264525

Regina (Bernard and Another) v Enfield Borough Council: Admn 25 Oct 2002

The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. The defendant Council provided the family with a small house but in breach, as they ultimately accepted, of section 21(1) (a) of the National Assistance Act, failed to provide the family with accommodation suited to her disability. The claimants had had their human rights infringed by the respondents who had failed in their duties to provide assistance and so to respect their rights to private and family life.
Held: The courts must respect the intention of the Act and the seriousness of the infringement. The council had not acted for some 20 months. There is no comparable tort, but awards should neither be low or high in comparison. Awards or maladministration are comparable. andpound;10,000 was appropriate here.

Judges:

Sullivan J

Citations:

Times 08-Nov-2002, Gazette 12-Dec-2002, [2002] EWHC 2282 Admin, [2003] HLR 27, [2003] HRLR 111

Statutes:

Human Rights Act 1988, European Convention on Human Rights Art 8, National Assistance Act 1948 21(1)(a)

Jurisdiction:

England and Wales

Citing:

Cited – Morris v London Borough of Newham Admn 2002
The claimant complained that the defendant authority had failed to provide her and her family with suitable accommodation pursuant to its duty under section 193. Breach of duty was conceded. The relief sought by the claimant included damages for . .

Cited by:

Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Lists of cited by and citing cases may be incomplete.

Damages, Human Rights, Housing

Updated: 13 July 2022; Ref: scu.178030

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 determining the value of land compulsorily acquired by the Corporation, the Tribunal allowed for the fact that the landowner would himself have had to pay the key value of other land in order to realise the development potential of his own, and it reduced the valuation of the order land accordingly.
Held: The Tribunal awarded compensation on the basis of its emerging development value. One of the considerations was the Tribunal’s finding that there was ‘an inducement to the owner of the brown [ransom] strip to sell it as access’, because development of the claimant’s land would expedite the rezoning of other land, held together with the access strip, from allotment to industrial use. The compensation payable for a development site, should be reduced by one third, representing the price which would have had to be paid to the owner of a strip of adjoining land, which held the key to access. One-third of the development value was taken (as a principle of valuation, not of law) was an appropriate test for the value of a ransom strip.
Mann LJ said: ‘It is to be observed and critically so, that the Tribunal must search for an increase in value ‘entirely due to the scheme.’ The Pointe Gourde principle cannot diminish a pre-scheme value. Was there a particular value prior to the scheme underlying the acquisition? As it seems to me the Tribunal found that there was . .
If a premium value is ‘entirely due to the scheme underlying the acquisition’ then it must be disregarded. If it was pre-existent to the acquisition it must in my judgment be regarded. To ignore the pre-existent value would be to expropriate it without compensation and would be to contravene the fundamental principle of equivalence.’

Judges:

Mann LJ

Citations:

(1961) 13 P and CR 77, (1961) 180 EG 839

Jurisdiction:

England and Wales

Cited by:

Cited – Morgan Sindall Plc v Sawston Farms (Cambs) Ltd CA 3-Dec-1998
An option had been given for the purchase of land. The claimant challenged the value assigned on exercising the option. The landowner subsequently disclosed a right of way over the land.
Held: An expert’s valuation cannot be challenged if it . .
Cited – Batchelor v Kent County Council CA 1989
The Council had compulsorily acquired land for highway improvement. It was within an area scheduled for residential development. Outline permission for development of neighbouring land had been granted but the development could not proceed until the . .
Cited – Llanelec Precision Engineering Co Ltd v Neath Port Talbot County Borough Council LT 3-Aug-2000
. .
Cited – Snook v Somerset County Council LT 2-Apr-2004
. .
Cited – Skupinski, Re Law of Property Act 1925 LT 30-Nov-2004
A covenant prevented new building other than for a garage. The owner proposed a three-car garage extension, but with a play-room above, for the applicant’s own use. The relevant property of the objector was not her own house, but consisted of a . .
Cited – Dutton and Another v Blaby District Council LT 17-May-2005
COMPENSATION – purchase notice – derelict land, formerly containing dwellinghouse – residential use abandoned – whether Third Schedule right to rebuild also abandoned – effect on value of absence of access for vehicles and to services. . .
Cited – 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 . .
Cited – 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 . .
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 – Mercury Communications Ltd v London and India Dock Investments Ltd 1993
. .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 13 July 2022; Ref: scu.180628

Vision Golf v Weightmans (a Firm): ChD 26 Jul 2005

The defendant solicitors were joint tortfeasors, having failed to make an application to court in a timely fashion, when it might have succeeded. It defended the claim saying that had the claimant issued proceedings against a second firm that firm would also have been liable.
Held: The ‘but for test’ set out in Iraqi Airways was satisfied in this case. The claim fell within the purpose of the law imposing liability for professional negligence. Nothing prevented the claim against the defendant. The possible liability of a second party did not absolve the defendant.

Judges:

Lewison J

Citations:

Times 01-Sep-2005

Jurisdiction:

England and Wales

Citing:

Cited – Kuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .

Cited by:

Cited – Finecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another ChD 10-Nov-2005
The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s patent in the UK. They alleged that the failure to complete the registration of the . .
See Also – Vision Golf Ltd v Weightmans (A Firm) ChD 21-Jul-2006
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 13 July 2022; Ref: scu.229997

Harlow and Jones v Panex (International) Ltd: ChD 1967

The sellers claimed under a sale contract against buyers who had refused to accept goods. By reason of the buyer’s non-acceptance of the goods, the sellers had incurred storage charges to their own suppliers with whom they had entered into an agreement which effectively made recovery of the storage charges contingent upon recovery of the storage charges from the buyers.
Rosklii J said: ‘Next there are the storage charges . . [Counsel] correctly summarised the final position by saying that the bargain was that the Russian sellers would only claim against the plaintiffs if the plaintiffs could recover those charges from the defendants in this action. [Counsel] argued that an arrangement of that kind barred the plaintiffs recovering in this action. For my part I am unable to see why. The plaintiffs have – and this was not contested – apart from any agreement with the Russian sellers, a perfectly good claim for these storage charges. Why the plaintiffs should not make an arrangement for their own sellers, ‘we will claim these and hand the proceeds over to you if we recover provided you let us off if we do not’, I am unable to see. Nor do I see why the existence of such an arrangement should afford the defendants a defence which they would not otherwise possess. It seems to me an eminently sensible commercial arrangement . . ‘

Judges:

Roskill J

Citations:

[1967] 2 Lloyd’s Rep 509

Jurisdiction:

England and Wales

Cited by:

Cited – Giles v Thompson, Devlin v Baslington (Conjoined Appeals) HL 1-Jun-1993
Car hire companies who pursued actions in motorists’ names to recover the costs of hiring a replacement vehicle after an accident, from negligent drivers, were not acting in a champertous and unlawful manner. Lord Mustill said: ‘there exists in . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contract, Damages

Updated: 13 July 2022; Ref: scu.272902

Martins v Choudhary: CA 20 Dec 2007

The appellant appealed the award of damages for personal injury and harrassment. He was said to have driven the claimant off the road and to have made racist remarks. He had previously been found to be in contempt of court for breaches of undertakings to stay away from the claimant.
Held: The substantial levels of damages awards were not excessive. It was proper to take into account the aggravating features of the defendant’s conduct. It was positively helpful for the judge to separate the award for psychiatric injury from that for injury to feelings, as long as the judge takes care to avoid the risk of double recovery.

Judges:

Smith LJ

Citations:

[2007] EWCA Civ 1379, Times 20-Dec-2007, [2008] 1 WLR 617

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 – Richardson v Howie CA 13-Aug-2004
The claimant sought damages for assault. In the course of a tempestuous relationship, she said the respondent had physically assaulted her in Barbados. He was later convicted of soliciting her murder. She sought and was awarded aggravated damages, . .

Cited by:

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.

Personal Injury, Damages

Updated: 12 July 2022; Ref: scu.262937

Muirhead v Industrial Tank Specialities Ltd: CA 31 Jul 1985

The plaintiff reared lobsters in tanks into which seawater was pumped for the purpose of oxygenation. The whole purpose of the pumps was to preserve the health of the lobsters. Due to the negligence of the third defendant, the pumps cut out and the lobsters died from lack of oxygen.
Held: The death of the lobsters was physical damage and was recoverable.

Judges:

O’Connor LJ, Robert Goff LJ, Nourse LJ

Citations:

[1985] EWCA Civ 16, [1986] 1 QB 507, [1985] 3 All ER 705

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 12 July 2022; Ref: scu.262662

Hicks v Russell Jones and Walker: CA 12 Jul 2007

Claimants application – appeal against finding of professional negligence against defendant solicitors but with only nominal damages.

Citations:

[2007] EWCA Civ 844

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Hicks v Russell Jones and Walker CA 22-May-2007
. .

Cited by:

See Also – Hicks v Russell Jones and Walker CA 29-Feb-2008
The claimant appealed against a on order finding him liable to pay the legal fees incurred in litigation conducted by them on his behalf. The court had found the defendant solicitors to have acted negligently, but that the negligence had not led to . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 12 July 2022; Ref: scu.261605

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia (the ‘Achilleas’): CA 6 Sep 2007

The court considered damages for late redelivery of a time-chartered vessel.

Judges:

Ward LJ, Tuckey LJ, Rix LJ

Citations:

[2007] EWCA Civ 901, [2007] 2 CLC 400, [2007] 2 Lloyd’s Rep 555, [2008] 1 All ER (Comm) 685

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia ComC 1-Dec-2006
The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed.
Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was . .

Cited by:

Appeal from – Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) HL 9-Jul-2008
The parties contracted to charter the Achileas. The charterer gave notice to terminate the hire, and the owner found a new charterer. Until the termination the charterers sub-chartered. That charter was not completed, delaying the ship for the . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 12 July 2022; Ref: scu.259446

Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000

The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict liability, and the governor was liable in damages even though he had acted correctly according to then current standards. A court judgment declares the law as it has been. There is no special law relating to prisoners to exempt a governor from liability in such a situation. For the detention to be lawful it must be lawful under domestic law, comply with the general requirements of the Convention, and not be open to criticism on the ground that it is arbitrary. A short-term prisoner who has served half his sentence and a long-term prisoner who has reached his non-parole date have a statutory right to be free: a conditional right, but nonetheless a right, breach of which gives an enforceable right to redress. Lord Slynn discussed the idea of a prospective only ruling, and said that there may be situations in which it would be desirable, and in no way unjust, that the effect of judicial rulings should be prospective or limited to certain claimants. Lord Hobhouse said that prospective ruling was a denial of the constitutional role of the courts.

Judges:

Lord Slynn of Hadley Lord Browne-Wilkinson Lord Steyn Lord Hope of Craighead Lord Hobhouse of Woodborough

Citations:

Times 02-Aug-2000, Gazette 17-Aug-2000, [2000] 3 WLR 843, [2001] 2 AC 19, [2000] UKHL 48, [2000] 4 All ER 15, [2000] UKHRR 836

Links:

House of Lords, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Governor HM Prison Brockhill, ex parte Michelle Carol Evans (No 2) CA 19-Jun-1998
The plaintiff was serving a sentence of imprisonment. Her detention was correctly calculated in accordance with the law as understood. That method was later disapproved when the Divisional Court laid down (everyone has assumed correctly) a different . .

Cited by:

Cited – Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’) HL 25-Nov-2004
Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide dunnage, failure to secure the coils and/or stacking them so that the bottom layers were excessively compressed. The House was . .
Cited – Secretary of State for the Home Department v Hindawi and Headley CA 13-Oct-2004
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his.
Held: The right to be referred to the parole board was a statutory . .
Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Cited – National Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
Cited – Lunn, Regina (on the Application of) v The Governor of HMP Moorland CA 25-May-2006
Having committed an offence whilst on licence, the judge had sentenced the defendant to a term of imprisonment to follow completion of the original sentence. The order drawn up by the clerk recorded that it should be served concurrently. He served . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .
Cited – SK (Zimbabwe) v Secretary of State for the Home Department CA 6-Nov-2008
Immigration detention proper after prison release
The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 . .
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 – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to imprisonment pending deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime.
Held: The appeal succeeded. ‘The giving of . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages, Human Rights, Prisons

Leading Case

Updated: 12 July 2022; Ref: scu.159080

Vision Information Services (UK) Ltd v Coutinho: EAT 20 Aug 2007

EAT Transfer of Undertakings – Dismissal – Economic technical or organizational reason
Practice and Procedure – Postponement
Race Discrimination – Comparison – Injury to Feelings
Claims for unfair dismissal and race discrimination by executive dismissed four months before transfer of undertaking – Tribunal held dismissal to be in anticipation of transfer and not for an ETO reason, and thus held transferee liable both for automatic unfair dismissal and for transferor’s pre-transfer discrimination – Preliminary issue on appeal as to whether transferor had locus to appeal, notwithstanding that transferee was the person found liable: held that it had, since if the appeal on the TUPE issues succeeded liability would revert to the transferor – Substantive issues on (a) whether Tribunal right to refuse an adjournment when employer’s principal witness taken ill and (b) on details of Tribunal’s reasoning on TUPE and discrimination issues – Appeal dismissed – Employee’s appeal on quantum (inc. refusal of claim for aggravated damages) also dismissed

Judges:

Underhill J

Citations:

[2007] UKEAT 0466 – 06 – 2008

Links:

Bailii

Employment, Damages

Updated: 12 July 2022; Ref: scu.259414

Channel Island Ferries Ltd v Cenargo Navigation Ltd (The Rozel): QBD 5 Apr 1994

Arbitrator to award all costs even if award much less than original claim.
Phillips J said: ‘It is always necessary to exercise the greatest care before applying the reasoning in one case to a different factual situation, and this is particularly true in the field of damages. The majority of the Court in Ruxley Electronics did not hold that a plaintiff can recover in damages the cost of remedial measures which are unreasonable. They held that, in the circumstances of that case it was not unreasonable for the plaintiff to spend the substantial sum necessary to have what he had contracted for. The test of what was reasonable had to have regard to his personal preference, as expressed in the depth of water that he had contractually required. This reasoning can be applied to a requirement which is incorporated in a contract as an end in itself, reflecting a personal preference of the contracting party. It does not apply where the contractual requirement is not an end in itself, but is inserted into a commercial contract because it has financial implications. If, in such a case, the contractual requirement is not met, the costs of remedial measures will not normally be recoverable as damages if they are disproportionate to the financial consequences of the breach. If that is the case it will not be reasonable to incur those costs. The damages recoverable will be those necessary to compensate for the financial consequences of the breach.’

Judges:

Phillips J

Citations:

Times 05-Apr-1994, [1994] 2 Lloyd’s Rep 161

Jurisdiction:

England and Wales

Citing:

Cited – Ruxley Electronics and Construction Ltd v Forsyth CA 7-Jan-1994
In 1986, the defendant, wanted a swimming pool adjoining his house. He contracted with the plaintiffs. The contract price for the pool, with certain extras, was 17,797.40 pounds including VAT. The depth of the pool was to be 6 ft 6 in at the deep . .

Cited by:

Cited – Ruxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Damages, Construction

Updated: 12 July 2022; Ref: scu.78974

Bernard, Regina (on the Application of) v London Borough of Enfield: Admn 25 Oct 2002

The claimants were husband and wife. They had six children. The wife was severely disabled and confined to a wheelchair. In breach of their duty under section 21(1)(a) of the 1948 Act, the respondent council failed for some 20 months to provide the family with accommodation suited to her disability. The consequences were appalling. The wife was doubly incontinent and, because there was no wheelchair access to the lavatory, was forced to defecate and urinate on the living-room floor. And she was unable to play any part in looking after her six children.
Held: The respondent’s failure was a clear breach of the claimant’s article 8 rights and not at all finely balanced. The court awarded andpound;10,000 damages.

Judges:

Sullivan J

Citations:

[2002] EWHC 2282 (Admin), [2003] HRLR 111, [2003] LGR 423

Links:

Bailii

Statutes:

Human Rights Act 1998 8, National Assistance Act 1948 21(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – McDonald, Regina (on The Application of) v Royal Borough of Kensington and Chelsea SC 6-Jul-2011
The claimant, a former prima ballerina, had suffered injury as she grew old. She came to suffer a condition requiring her to urinate at several points during each night. The respondent had been providing a carer to stay with her each night to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Damages, Housing

Updated: 11 July 2022; Ref: scu.258663

Iggleden v Fairview New Homes (Shooters Hill) Ltd: TCC 1 Jun 2007

The claimants bought a newly built home from the defendants. Defects were alleged and admitted, but the defendants said the claimants had failed to mitigate their losses or accept offers to have work done. The claimants now sought leave to add shortly before the trial a claim for blight.
Held: The amendment could have been made before and should have been made before. Leave was refused.

Citations:

[2007] EWHC 1364 (TCC)

Links:

Bailii

Citing:

Cited – Payzu Limited v Saunders CA 1919
The innocent plaintiff buyers had been found to have failed to mitigate their damages because they had not accepted an offer from the defendant sellers (who were in breach of contract) to supply goods on cash terms, the contract having originally . .
Cited – George Fischer (Great Britain) Ltd v Multi Construction Ltd., Dexion Ltd. (third party) 1995
The plaintiff contracted with the defendant for the defendant to install equipment on the premises of one of the claimant’s subsidiaries. The equipment was to be used by the subsidiary. The equipment was defective and damage was suffered by the . .
Cited – Woods v Chaleff 1999
Whether an amendment should be allowed to pleadings shortly before the trial. . .
Cited – Morris v The Bank of America National Trust and Savings Association (Amendment of Claim) 2002
Whether party should be allowed to amend pleadings shortly before a trial. . .
Cited – Bowerbank v Amos (Formerly Staff) CA 31-Jul-2003
The parties had gone into business together. After a breakdown, they had now spent very considerable sums in litigation. At the trial, the judge allowed an amendment of the claim after the close of evidence. He considered that it related to matters . .
Lists of cited by and citing cases may be incomplete.

Damages, Construction

Updated: 11 July 2022; Ref: scu.258379

Hicks v Russell Jones and Walker: CA 22 May 2007

Judges:

Toulson LJ

Citations:

[2007] EWCA Civ 566

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Hicks v Russell Jones and Walker CA 12-Jul-2007
Claimants application – appeal against finding of professional negligence against defendant solicitors but with only nominal damages. . .
See Also – Hicks v Russell Jones and Walker CA 29-Feb-2008
The claimant appealed against a on order finding him liable to pay the legal fees incurred in litigation conducted by them on his behalf. The court had found the defendant solicitors to have acted negligently, but that the negligence had not led to . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 11 July 2022; Ref: scu.254359

Aroma (Northampton) Ltd v Ang: EAT 10 May 2007

EAT Tribunal awarded travel costs as a head of compensation in an unfair dismissal claim, and also lost earnings with respect to a period when it would have been unlawful for her to be employed because in breach of her work permit. EAT held that in so doing the Tribunal erred in law.

Judges:

Elias P J

Citations:

[2007] UKEAT 0048 – 07 – 1005, UKEAT/0048/07

Links:

Bailii, EAT

Employment, Damages

Updated: 11 July 2022; Ref: scu.251802

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 unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be detained for that purpose. They might equally have been held under the published policy.
Held: There had been a duty to publish such policies, and the failure to publish them made the detentions unlawful.
The court rejected the proposal to allow so called vindicatory damages in Tort. Lord Dyson said: ‘I see no justification for letting such an unruly horse loose on our law. In my view, the purpose of vindicating a claimant’s common law rights is sufficiently met by (i) an award of compensatory damages, including (in the case of strict liability torts) nominal damages where no substantial loss is proved, (ii) where appropriate, a declaration in suitable terms and (iii) again, where appropriate, an award of exemplary damages. There is no justification for awarding vindicatory damages for false imprisonment.’
In the case of Lumba the matter was to be remitted for consideration of the appropriate level of damages.
Dyson L said: ‘in cases such as these, all that the claimant has to do is to prove that he was detained. The Secretary of State must prove that the detention was justified in law. She cannot do this by showing that, although the decision to detain was tainted by public law error in the sense that I have described, a decision to detain free from error could and would have been made.’
. . And ‘The precise extent of how much detail of a policy is required to be disclosed was the subject of some debate before us. It is not practicable to attempt an exhaustive definition. It is common ground that there is no obligation to publish drafts when a policy is evolving and that there might be compelling reasons not to publish some policies, for example, where national security issues are in play. Nor is it necessary to publish details which are irrelevant to the substance of decisions made pursuant to the policy. What must, however, be published is that which a person who is affected by the operation of the policy needs to know in order to make informed and meaningful representations to the decision-maker before a decision is made.’
Hale L said: ‘We are concerned with a decision taken at the highest level of Government to detain certain people irrespective of the statutory purpose of the power to detain. The common law has shown itself capable of growing and adapting to meet new situations. It has recently invented the concept of a conventional sum to mark the invasion of important rights even though no compensatory damages are payable.’ and ‘The evidence shows that concern was expressed in the Home Office from an early stage about the lawfulness of the policy, and that a deliberate decision was taken to continue an unlawful policy. As Lord Dyson says, caseworkers were directed to conceal the true reason for detention, namely the unpublished policy, and to give other reasons which appeared to conform with the published policy. Home Office officials recognised that ‘Ministers’ preferred position may be to continue to detain all FNPs and let the immigration judges take any hit which is to be had by releasing on bail.’ The draft policy submission circulated in May 2007 recommended a change in policy, but also set out continued detention as one of the options, recognising that legal advisers considered that the department would lose on any legal challenge. The draft added: ‘ . . we could present any change in our approach as having been forced on us by the courts’.’
(Phillips, Brown, Roger LL dissenting)

Judges:

Lord Phillips, President, Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Collins, Lord Kerr, Lord Dyson

Citations:

[2011] UKSC 12, UKSC 2010/0062, UKSC 2010/0063, [2012] 1 AC 245, [2011] UKHRR 437, [2011] 4 All ER 1, [2011] 2 WLR 671

Links:

Bailii, Bailii Summary, SC, SC Summary

Statutes:

Immigration Act 1971, Magna Carta 1215 39, Statute of Westminster (1354)

Jurisdiction:

England and Wales

Citing:

Appeal from – KM (Zimbabwe) v Secretary of State for The Home Department CA 17-Mar-2011
. .
Approved – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
At first instance – Lumba, Regina (on the Application of) v Secretary of State for the Home Department Admn 4-Jul-2008
The failed asylum claimant challenged as unlawful his continued detention pending return to Congo. . .
At first instance – Abdi and others v Secretary of State for the Home Department Admn 19-Dec-2008
The claimants, foreign nationals, had been detained pending deportation after completion of sentences of imprisonment. They challenged the policy that such deportees should be held by default pending deportation.
Held: David J granted . .
Approved – I, Regina (on the Application of) v Secretary of State for the Home Department CA 28-Jun-2002
The appellant obtained asylum but was convicted of offences after entering, and ordered to be deported. Whilst serving his sentence the deportation order was served, but he was not released on licence at the time he would normally have been . .
Cited – Nadarajah and Amirhanathan v Secretary of State for the Home Department CA 8-Dec-2003
The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that . .
Cited – Ashori, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-May-2008
. .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – Medvedyev And Others v France ECHR 29-Mar-2010
(Grand Chamber) A Cambodian vessel, The Winner, trafficked drugs on the high seas (Cape Verde). It was detected and boarded by the French authorities, detaining the crew on board and took them on the vessel to France for trial. France was, but . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Sedrati and Others, Regina (On the Application of) v Secretary of State for the Home Department Admn 17-May-2001
The court was asked to consider a policy on the detention on release from prison of foreign national prisoners pending their anticipated deportation. Moses J granted a declaration that the terms of paragraph 2 of Schedule 3 of the 1971 Act do ‘not . .
Cited – Gillan and Quinton v The United Kingdom ECHR 12-Jan-2010
The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed.
Held: The powers given to the . .
Cited – SK (Zimbabwe) v Secretary of State for the Home Department CA 6-Nov-2008
Immigration detention proper after prison release
The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 . .
Cited – Regina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .
Cited – Salih and Another v Secretary of State for the Home Department Admn 8-Oct-2003
An asylum seeker who was found to be destitute and had failed in his application was entitled to restricted support under the section. The respondent implemented a policy restricting the restriction on the use of the power to those who had some . .
Cited – Allen v Wright 4-Jul-1838
allen_wright1838
EngR In an action for false imprisonment, the defendant justified on the ground that the plaintiff had been his lodger, and after she had left her apartments he discovered that some feathers were missing from a . .
Cited – Liversidge v Sir John Anderson HL 3-Nov-1941
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents.
Held: The . .
Cited – Regina v Lichniak HL 25-Nov-2002
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate.
Held: The case followed on . .
Cited – Ilijkov v Bulgaria ECHR 26-Jul-2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention . .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
Cited – Bordikov v Russia ECHR 8-Oct-2009
. .
Cited – Bykov v Russia ECHR 10-Mar-2009
. .
Cited – Saadi v United Kingdom ECHR 29-Jan-2008
(Grand Chamber) The applicant sought judicial review of the decision to detain him for a short period while his asylum claim was being subject to fast-track processing. The decision was made pursuant to a policy under which all asylum claimants . .
Cited – Holgate-Mohammed v Duke HL 1984
A police officer had purported to arrest the plaintiff under the 1967 Act, suspecting her of theft. After interview she was released several hours later without charge. She sought damages alleging wrongful arrest. The judge had found that he had . .
Cited – Harrikissoon v Attorney-General of Trinidad and Tobago PC 1980
(Trinidad and Tobago) The appellant teacher alleged that he had been transferred from one school to another without proper notice and as punishment. The appellant instead of following a laid out procedure which would have eventually led to a . .
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 – Kuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
Cited – Wandsworth London Borough Council v Winder HL 1985
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Murray v Ministry of Defence HL 25-May-1988
The plaintiff complained that she had been wrongfully arrested by a soldier, since he had not given a proper reason for her detention.
Held: The House accepted the existence of an implied power in a statute which would be necessary to ensure . .
Criticised – Roberts v Chief Constable of Cheshire Constabulary CA 26-Jan-1999
The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
Cited – Cooper v The Board of Works For The Wandsworth Destrict 21-Apr-1863
Where a land-owner owner had failed to give proper notice to the Board, the Board had, under the 1855 Act, power to demolish any building he had erected and recover the cost from him. The plaintiff said that the Board had used that power without . .
Cited – Kuchenmeister v Home Office QBD 1958
The plaintiff, a German national landed at Heathrow airport en route to Dublin. The immigration officers, instead of refusing him leave to land (as they had been instructed to do), detained him at the airport until it was too late for him to catch . .
Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
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 – BK (Failed Asylum Seekers) Democratic Republic of Congo CG IAT 18-Dec-2007
On return to the DRC failed asylum seekers do not per se face a real risk of persecution or serious harm or treatment contrary to Article 3 ECHR. In so finding this decision updates and reaffirms existing country guidance. . .
Cited – A, Regina (on the Application of) v Secretary of State for the Home Department CA 30-Jul-2007
The applicant had had his application for asylum rejected. Pending deportation, he had been held in custody. The court had found his detention unlawful.
Held: The Home Secretary’s appeal succeeded. The power to detain in such circumstances had . .
Cited – The Attorney General of the State of Saint Christopher and Nevis and Anguilla v John Joseph Reynolds PC 25-Jun-1979
. .
Cited – Langley and others v Liverpool City Council and others CA 11-Oct-2005
Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the . .
Cited – Chester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
Cited – Rees v Darlington Memorial Hospital NHS Trust HL 16-Oct-2003
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages.
Held: The House having considered the issue in MacFarlane only . .
Cited – Chahal v The United Kingdom ECHR 15-Nov-1996
Proper Reply Opportunity Required on Deportation
(Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of . .
Cited – Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2) HL 27-Jul-2000
The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict . .
Cited – Taunoa and others v Attorney General and another 31-Aug-2007
(Supreme Court of New Zealand) Complaints by prisoners at treatment under prisons’ behaviour modification programmes. . .
Cited – Uren v John Fairfax and Sons Pty Ltd 2-Jun-1966
(High Court of Australia) ‘It seems to us that, in a case where there is no qualified privilege to report or repeat the defamatory statements of others, the whole cohesion of the law of defamation would be destroyed, if it were permissible merely to . .
Cited – Regina v Governor of Richmond Remand Centre, Ex Parte Asghar QBD 1971
The Secretary of State had detained two persons who were awaiting removal with the object that they should testify in a pending criminal trial. Lord Parker J rejected the suggestion that the detention could be justified as reasonable in these . .
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 – James v The Attorney General of Trinidad and Tobago PC 29-Jul-2010
(Trinidad and Tobago) . .
Cited – Sutcliffe v Pressdram Ltd CA 1991
A 600,000 pound compensatory award was set aside by the Court of Appeal on the grounds that it must have been made on the wrong basis, almost certainly so as to punish Private Eye. The Court of Appeal could not substitute its own award for that of a . .
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 – Rantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
Cited – In re S-C (Mental Patient: Habeas Corpus) CA 22-Nov-1995
The Court of Appeal issued habeas corpus because the applicant was committed to a mental institution pursuant to an application which was made by somebody who lacked the statutory authority to make it. The right of personal freedom is fundamental. . .
Cited – Tan Te Lam v Superintendent of Tai A Chau Detention Centre PC 27-Mar-1996
(Hong Kong) Migrants from Vietnam of Chinese ethnic origin had landed in Hong Kong by boat, and been refused refugee status. They were detained for several years under section 13D of the Immigration Ordinance ‘pending . . removal from Hong Kong’. . .
Cited – Kuddus v Chief Constable of Leicestershire Constabulary HL 7-Jun-2001
There is no rule of law preventing the award of exemplary damages against police officers. The fact that no case of misfeasance in public office had led to such awards before 1964, did not prevent such an award now. Although damages are generally . .
Cited – Regina (Konan) v Secretary of State for the Home Department Admn 21-Jan-2004
The claimants alleged that their immigration detention had been unlawful.
Held: Collins J said: ‘Since the detention at least since 24 June 2002 was contrary to the defendant’s own policy as published in Chapter 38, it was unlawful. In so . .
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 – Durity v the Attorney General (Trinidad and Tobago) PC 8-Dec-2008
. .
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 – Inniss v The Attorney General of Saint Christopher and Nevis PC 30-Jul-2008
(Saint Christopher and Nevis) . .
Cited – Fraser v Judicial and Legal Services Commission and Another PC 6-May-2008
(Saint Lucia) . .
Cited – In re Racal Communications Ltd; In Re a Company HL 3-Jul-1980
Court of Appeal’s powers limited to those Given
The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Cited – Regina v Secretary of State for the Home Department Ex parte Saadi and others HL 31-Oct-2002
The applicants were Kurdish asylum seekers. The Home Secretary introduced powers to detain certain asylum seekers for a short period in order to facilitate the speedy resolution of their applications. Only those who it was suspected might run away . .
Cited – Secretary of State for the Home Department v Saadi, Maged, Osman, Mohammed CA 19-Oct-2001
The Secretary appealed against a decision that the detention of certain asylum applicants was unlawful. The detention was for a limited period, but he had put forward no reason for the detentions of the individuals.
Held: The Act authorised . .
Cited – Regina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate . .
Cited – Regina v Broadcasting Complaints Commissioner, Ex parte Owen CA 1985
May LJ said: ‘Where the reasons given by a statutory body for taking or not taking a particular course of action are not mixed and can clearly be disentangled, but where the court is quite satisfied that even though one reason may be bad in law, . .
Cited – Regina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page HL 3-Dec-1992
The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law.
However, the . .

Cited by:

Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – Castle and Others v Commissioner of Police for The Metropolis Admn 8-Sep-2011
The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children . .
Cited – AA, Regina (on The Application of) v Secretary of State for The Home Department SC 10-Jul-2013
The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he . .
Cited – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions SC 30-Oct-2013
The Secretary of State appealed against the decision in favour of Ms Reilly and Mr Wilson, that the 2011 Regulations, made under section 17A of the 1995 Act, did not comply with the requirements of that section, and (ii) a cross-appeal brought by . .
Cited – Bostridge v Oxleas NHS Foundation Trust CA 10-Feb-2015
The claimant had been detained as a mental patient, but it was accepted that that detention had been unlawful as to over 400 days. The respondent argued that since he might have been detained in any event under other powers, he should receive only . .
Cited – Mandalia v Secretary of State for The Home Department SC 14-Oct-2015
The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his . .
Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Cited – O, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Apr-2016
The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending . .
Cited – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed . .
Cited – B (Algeria) v Secretary of State for The Home Department SC 8-Feb-2018
Bail conditions only after detention
B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Torts – Other, Damages, Constitutional

Updated: 11 July 2022; Ref: scu.430823

Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019

The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame.
Held: The appeals failed. Chapter 55 of the EIG does not establish objective criteria for the assessment of whether an applicant for international protection who is subject to a Dublin III transfer procedure may abscond; its contents do not constitute a framework with certain predetermined limits; and it does not set out the limits of the flexibility of the relevant authorities in assessing the circumstances of each case in a manner which is binding and known in advance. It follows that Chapter 55 of the EIG cannot satisfy the requirements of articles 28(2) and 2(n) of the Dublin III Regulation and the majority of the Court of Appeal were right so to hold.
They were all detained unlawfully and are entitled to damages under domestic law for false imprisonment. I would transfer these proceedings to the County Court for the assessment of the quantum of those damages, if that quantum cannot be agreed.

Judges:

Lady Hale, President, Lord Reed, Deputy President, Lord Wilson, Lady Arden, Lord Kitchin

Citations:

[2019] UKSC 56, [2019] 3 WLR 1156, [2021] AC 143, [2020] HRLR 4, 47 BHRC 600, [2020] INLR 260, [2020] 1 All ER 669, [2020] WLR(D) 12, UKSC 2018/0197

Links:

Bailii Summary, Bailii, WLRD, SC, SC Summary, SC Summary Video, SC 29 Jul 2019 am Video, SC 29 Jul 2019 pm Video, SC 30 Jul 2019 am Video

Statutes:

Parliament and Council Regulation (EU) No 604/2013, Immigration Act 1971

Jurisdiction:

England and Wales

Citing:

At Admn – SS, Regina (on The Application of) v Secretary of State for The Home Department and Another Admn 26-May-2017
The claimant sought asylum, claiming to be a child.
Held: He was not a child when detained. However, he had been detained to secure his transfer to the responsible member state under the Dublin III scheme; that it had to be established that he . .
At CA (Appeal from) – Hemmati and Others, Regina (on The Application of) v The Secretary of State for The Home Department CA 4-Oct-2018
Conjoined hearing of appeals in respect of three judgments covering the cases of five individual immigrants who were placed in detention for periods pending possible removal to other EU Member States pursuant to the asylum claim arrangements under . .
Cited – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
Cited – Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4) ECJ 5-Mar-1996
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete . .
Cited – HK (Iraq) and Others, Regina (on The Application of) v The Secretary of State for The Home Department CA 23-Nov-2017
The claimants had applied for asylum, but had arrived from other EU countries. Their claims being dismissed, they were detained pending removal. They said that on return to Bulgaria, they would face harsh treatment. . .
At Admin (1) – Khaled v SS Home Department Admn 18-Apr-2016
The Court was asked as to the making of orders for the return of asylum seekers to Bulgaria, being their first country of arrival within the EU. The claimants challenged both the lawfulness of their removal and the lawfulness of their detention.
Cited – Abdulkadir and Another, Regina (on The Application of) v The Secretary of State for The Home Department Admn 28-Jun-2016
. .
Cited – Policie CR, Krajske reditelstvi policie Usteckeho kraje, odbor cizinecke policie v Al Chodor and Others ECJ 15-Mar-2017
Police detention of Immigrants to follow rules
ECJ (Judgment) Reference for a preliminary ruling – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 . .
Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Mandalia v Secretary of State for The Home Department SC 14-Oct-2015
The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his . .
Cited – Kruslin v France ECHR 24-Apr-1990
Hudoc The claimant complained of the interception of her telephone calls.
Held: The condition of legality relates to the characteristics of the legislation itself, and not just to its application in the . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – Francovich, Bonifaci and others v Italy ECJ 19-Nov-1991
LMA The claimants, a group of ex-employees sought arrears of wages on their employers’ insolvency. The European Directive required Member States to provide a guarantee fund to ensure payment of employees’ arrears . .
Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
Cited – Dougoz v Greece ECHR 6-Mar-2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 5-1; Violation of Art. 5-4; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses . .
Cited – Greenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
Cited – Parker v The Chief Constable of Essex Police CA 11-Dec-2018
The claimant was arrested on suspicion of murder and rape. The investigating officer was delayed by traffic so the arrest was carried out by a surveillance officer who was present at the scene but did not personally have reasonable grounds for . .

Cited by:

Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. . .
Lists of cited by and citing cases may be incomplete.

Immigration, European, Damages

Updated: 11 July 2022; Ref: scu.645432

Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

False Imprisonment Damages / Immigration Detention

The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order had been made for his deportation, and for his continued detention pending deportation. He could not be returned to Zimbabwe, and was held for 27 months until bail was granted. The policty had required his detention to be subject to regular reviews, but these had not been carried out.
Held: (By Majority, Brown, Roger LL dissenting) The appeal succeeded. The respondent was under a public law duty, and the repeated failure to review the detentions made the detention unlawful. However the damages might be nominal if it could be shown that the detention would have continued if the reviews had taken place. The fact that the fault was procedural only did not mean that the lawfulness of the detention was unaffected. In this case the very purpose of the missed reviews was to ensure the continued legality of the detention, and therefore missing them went directly as to its lawfulness.
Lord Kerr observed that Hardial Singh principles are ‘more favourable to detainees than Strasbourg requires.’
Lord Hope of Craighead said that the published policy narrowed the power of the executive to detain by requiring that any detention be reviewed regularly. It was therefore an abuse of the power for any person to be detained if that detention was not reviewed at regular intervals. He continued , saying that the policy was designed to give practical effect to the Hardial Singh principles and to meet the requirement that, to be lawful, the measures had to be transparent and not arbitrary; that the policy contained a set of instructions with which officials were expected to comply; that the policy and the principles went ‘hand in hand’; and that the discretion to continue detention had to be exercised in accordance with the principles but also in accordance with the policy.

Judges:

Lord Hope, Deputy President, Lord Rodger, Lady Hale, Lord Brown, Lord Kerr

Citations:

[2011] 1 WLR 1299, [2011] UKSC 23, UKSC 2009/0022

Links:

Bailii, Bailii Summary, SC Summary, SC

Statutes:

Immigration Act 1971 Sch 3 p2(2), 2(3)

Jurisdiction:

England and Wales

Citing:

Appeal From – SK (Zimbabwe) v Secretary of State for the Home Department CA 6-Nov-2008
Immigration detention proper after prison release
The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 . .
Cited – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
At First Instance – Lumba, Regina (on the Application of) v Secretary of State for the Home Department Admn 4-Jul-2008
The failed asylum claimant challenged as unlawful his continued detention pending return to Congo. . .
Cited – Abdi and others v Secretary of State for the Home Department Admn 19-Dec-2008
The claimants, foreign nationals, had been detained pending deportation after completion of sentences of imprisonment. They challenged the policy that such deportees should be held by default pending deportation.
Held: David J granted . .
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 – In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
Cited – Holgate-Mohammed v Duke HL 1984
A police officer had purported to arrest the plaintiff under the 1967 Act, suspecting her of theft. After interview she was released several hours later without charge. She sought damages alleging wrongful arrest. The judge had found that he had . .
Cited – Khadir, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Jun-2005
The applicant who had entered England hidden in a lorry, claimed asylum, and had his claim rejected. It was said that as an Iraqi Kurd, he would be safe in the Kurdish area of Iraq. No safe means had been found of ensuring his return over some four . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Cited – Tan Te Lam v Superintendent of Tai A Chau Detention Centre PC 27-Mar-1996
(Hong Kong) Migrants from Vietnam of Chinese ethnic origin had landed in Hong Kong by boat, and been refused refugee status. They were detained for several years under section 13D of the Immigration Ordinance ‘pending . . removal from Hong Kong’. . .
Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Cited – Roberts v Chief Constable of Cheshire Constabulary CA 26-Jan-1999
The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful . .
Cited – Nadarajah and Amirhanathan v Secretary of State for the Home Department CA 8-Dec-2003
The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that . .
Cited – Secretary of State for the Home Department v Saadi, Maged, Osman, Mohammed CA 19-Oct-2001
The Secretary appealed against a decision that the detention of certain asylum applicants was unlawful. The detention was for a limited period, but he had put forward no reason for the detentions of the individuals.
Held: The Act authorised . .
Cited – Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested; CA 16-Jul-2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion.
Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not . .
Cited – Cullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland) HL 10-Jul-2003
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
Cited – I, Regina (on the Application of) v Secretary of State for the Home Department CA 28-Jun-2002
The appellant obtained asylum but was convicted of offences after entering, and ordered to be deported. Whilst serving his sentence the deportation order was served, but he was not released on licence at the time he would normally have been . .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – X v United Kingdom ECHR 5-Nov-1981
(Commission) The application was made a patient, restricted under the 1959 Act. A mental health review tribunal which concluded that the continued detention of a restricted patient was no longer justified had power to recommend but not to order the . .
Cited – Prison Officers Association v Iqbal CA 4-Dec-2009
The claimant, a prisoner, alleged false imprisonment. The prison officers had taken unlawful strike action leaving him to be confined within his cell and unable to be involved in his normal activities. In view of the strike, a governor’s order had . .
Cited – Wells, Regina (on the Application of) v Parole Board Admn 22-Sep-2009
‘To the extent that the prisoner remains incarcerated after tariff expiry without any current and effective assessment of the danger he does or does not pose, his detention cannot in reason be justified. It is therefore unlawful.’ . .
Cited – A and Others v The United Kingdom ECHR 19-Feb-2009
(Grand Chamber) The applicants had been subjected to severe restrictions. They were foreign nationals suspected of terrorist involvement, but could not be deported for fear of being tortured. The UK had derogated from the Convention to put the . .
Cited – In re S-C (Mental Patient: Habeas Corpus) CA 22-Nov-1995
The Court of Appeal issued habeas corpus because the applicant was committed to a mental institution pursuant to an application which was made by somebody who lacked the statutory authority to make it. The right of personal freedom is fundamental. . .
Cited – Saadi v Italy (United Kingdom intervening) ECHR 28-Feb-2008
(Grand Chamber) When considering the appropriateness of a deportation order to a country with which the deporting country had a memorandum of understanding that the destination country would not torture the deportee, a court must look beyond the . .
Cited – Chahal v The United Kingdom ECHR 15-Nov-1996
Proper Reply Opportunity Required on Deportation
(Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of . .
Cited – Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2) HL 27-Jul-2000
The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict . .
Cited – Langley and others v Liverpool City Council and others CA 11-Oct-2005
Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the . .
Cited – HL v United Kingdom ECHR 2004
Lack of Patient Safeguards was Infringement
The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further . .

Cited by:

Cited – Bostridge v Oxleas NHS Foundation Trust CA 10-Feb-2015
The claimant had been detained as a mental patient, but it was accepted that that detention had been unlawful as to over 400 days. The respondent argued that since he might have been detained in any event under other powers, he should receive only . .
Cited – Mandalia v Secretary of State for The Home Department SC 14-Oct-2015
The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his . .
Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Cited – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed . .
Cited – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
Cited – B (Algeria) v Secretary of State for The Home Department SC 8-Feb-2018
Bail conditions only after detention
B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Human Rights, Damages

Updated: 11 July 2022; Ref: scu.440441

Johnson v The Medical Defence Union: CA 28 Mar 2007

The claimant asserted that the 1998 Act created rights between the parties that are in substance though not in form of a contractual nature; and rights to compensation for infringement of those primary rights of a nature that did not previously exist in English domestic law. He said that when the defendant had proceesed information it held about him leading to a decision to cease to provide continuing professional support for him, they had processed that computer based information unfairly.
Held: Damage under section 13(1) of the 1998 Act means ordinary pecuniary loss.

Judges:

Buxton, Arden, Longmore LJJ

Citations:

[2007] EWCA Civ 262, (2007) 96 BMLR 99, [2008] Bus LR 503, [2007] 3 CMLR 9

Links:

Bailii

Statutes:

Data Protection Act 1998 13(1)

Jurisdiction:

England and Wales

Citing:

See Also – Johnson v Medical Defence Union Ltd ChD 20-Feb-2004
. .
See Also – Johnson v Medical Defence Union Ltd ChD 9-Nov-2004
The claimant doctor had sought assistance from the defendant, and having been refused it had sought disclosure of its records about him. He had been refused access under the 1998 Act, and now sought access under the Civil Procedure Rules.
Appeal from – Johnson v The Medical Defence Union Ltd ChD 3-Mar-2006
The claimant sought disclosure under the 1998 Act by the defendant of records held by them. The respondent said that the information they held did not amount to data under the Act.
Held: The information was contained in different formats, on . .

Cited by:

Cited – Murray v Express Newspapers Plc and Another ChD 7-Aug-2007
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence.
Held: 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.

Health Professions, Information, Damages

Updated: 10 July 2022; Ref: scu.250580

Mclouglin v Jones and others: CA 27 May 2005

Application for permission to appeal against striking out of part of damages schedule.
Held: Limited leave given.

Judges:

Neuberger, Moore-Bick JJ

Citations:

[2005] EWCA Civ 764

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – G v G (Minors: Custody Appeal) HL 25-Apr-1985
The House asked when a decision, on the facts, of a first instance court is so wrong as to allow it to be overturned on appeal.
Held: The epithet ‘wrong’ is to be applied to the substance of the decision made by the lower court. ‘Certainly it . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 10 July 2022; Ref: scu.228151

The Lu Shan: AdCt 15 Jun 1993

Interest given up to striking balance on compromise of collision claim.
Interest to be calculated up to the point a the claimed being compromised.

Citations:

Ind Summary 19-Jul-1993, Times 15-Jun-1993

Jurisdiction:

England and Wales

Damages, Transport

Updated: 10 July 2022; Ref: scu.89832

LP v Wye Valley NHS Trust: QBD 22 Nov 2018

Application by the Claimant LP acting by her litigation friend and husband, MP for an interim payment on an account of damages in the sum of pounds 400,000, the purpose of which is to fund future care and more particularly to enable the purchase and adaptation of a suitable single storey property.

Citations:

[2018] EWHC 3039 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence, Damages

Updated: 10 July 2022; Ref: scu.630747

Collett v Smith and Another: QBD 11 Aug 2008

The claimant had been an eighteen year old playing football for Manchester United reserves when he was injured by a foul tackle which ended his football career. The defendant admitted liability, but denied that he would have gone on to be a premier league player.
Held: It was 60% likely that he would have succeeded in becoming a top flight player, and damages were assessed at andpound;4.6m.

Judges:

Swift DBE J

Citations:

[2008] EWHC 1962 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Langford v Hebran and Another CA 15-Mar-2001
The claimant sought damages for the loss of his chances of pursuing his career as a kick-boxer. The judge considered four different courses of varying success which his career might have taken. He accepted that, whether or not those scenarios had . .
Cited – Appleton v El Safty QBD 23-Mar-2007
The claimant sought damages for loss of earnings from his career as a footballer.
Held: The court made findings in relation to past losses on a balance of probabilities in relation to the first three years after the injury and on a percentage . .
Cited – Davies v Taylor HL 1974
The plaintiff’s husband was killed in a road accident caused by the defendant’s negligence. They were childless. She had deserted him five weeks before his death and thereafter, he learned about her adultery with a fellow employee. He tried to . .
Cited – Watson v Gray and Another QBD 26-Nov-1998
A professional footballer is at risk of being proved negligent, if he is shown to caused injury with an act which a reasonable professional player would know to carry a significant risk of causing serious injury. A late, forceful and high challenge . .
Cited – Doyle (By Her Mother and Next Friend) v Wallace CA 18-Jun-1998
A court awarding personal injury damages could make allowance for a prospective increase in salary which a claimant might have achieved upon completion of qualifications. In this case an increase was allowed at half up from an administrative pay . .
Cited – Wells v Wells; Thomas v Brighton Health Authority; etc HL 16-Jul-1998
In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care.
Held: The appeals succeeded. . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 09 July 2022; Ref: scu.272502

Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007

The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced.
Held: The 1988 Act provided only limited circumstances for a payment, but it had left in place the residual arrangements under the ex gratia scheme. The respondent said that the scheme covered only successful appeals after conviction, and not extraditions. There was no legitimate expectation because the scheme was based solely on a ministerial statement, and it was ex gratia. The implementation of such policies was subject to oversight by the courts only for irrationality: ‘courts should allow latitude to a minister to decide, within a reasonable range of meaning of his statement of policy, to what it applies and what it means.’ The ex gratia scheme applies only to exceptional circumstances arising out of a wrongful conviction or charge, and the claim failed. Extradition proceedings were not within the scheme. It would have been surprising if the scheme had been intended to make the UK responsible for a failing in a foreign prosecutor.

Judges:

Auld LJ, Wilkie J

Citations:

[2007] EWHC 243 (Admin), [2007] 4 All ER 225

Links:

Bailii

Statutes:

Criminal Justice Act 1988 133

Jurisdiction:

England and Wales

Citing:

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 – The First Secretary of State and Another v Sainsbury’s Supermarkets Ltd CA 6-May-2005
Sedley LJ: ‘the interpretation of policy is not a matter for the Secretary of State, what a policy means is what it says. Except in the occasional case where a policy has been ambiguously or un-clearly expressed (see R v Derbyshire CCC, ex p Woods . .
Cited – Regina v Criminal Injuries Compensation Board ex parte Webb CA 1987
Interpretation of CICB Scheme
The court should not construe the scheme as if it were a statute but as a public announcement of what the Government was willing to do. This entails the court deciding what would be a reasonable and literate man’s understanding of the circumstances . .
Cited – Horsham District Council v Secretary of State for the Environment CA 1993
. .
Cited – Regina v Derbyshire County Council ex parte Woods CA 7-Feb-1997
The claimant renewed his application for leave to appeal against rejection of his challenge to the grant of planning permission for a substantial redevelopment of land near his home.
Held: Brooke LJ considered the interpretation of planning . .
Cited – Regina v Criminal Injuries Compensation Board ex parte Kent and Milne Admn 6-Mar-1998
The court applied the test of ‘the reasonable and literate man’ to questioning the action of the Board. . .
Cited – Springhall, Regina (on the Application of) v London Borough of Richmond Upon Thames CA 24-Jan-2006
The claimant appealed refusal of a judicial review of the exercise of a delegated power by an official.
Held: Where the underlying facts and the applicable polices were clear, such an officer’s decision could only be challenged in the case of . .
Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
Cited – Regina ex parte Grecian v Secretary of State for the Home Department 3-Dec-2004
. .
Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Cited – Daghir and Others, Regina (on the Application of) v Secretary of State for Home Department Admn 13-Feb-2004
. .
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Regina v Governor of Pentonville Prison Ex Parte Alves HL 2-Dec-1992
In extradition proceedings, the withdrawal of a statement did not of itself vitiate that statement or the proceedings. The Galbraith test applied to committals in extradition proceedings just as it does to domestic criminal trials. . .
Cited – In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin HL 10-Apr-1997
The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial.
Held: The Francis case did not establish that the 1984 Act . .
Cited – In Re Ismail (Application For Writ of Habeas Corpus) (On Appeal From A Divisional Court of The Queen’s Bench Division) HL 20-Aug-1998
The term ‘Accused person’ for the purposes of extradition can include a person yet to be charged. Allowance are to be made for foreign systems, and should recognise the purpose of the legislation and includes the desire to interview or where a . .
Cited – Fofana, Belise v Deputy Prosecutor Thubin, Tribunal De Grande Instance De Meaux, France QBD 5-Apr-2006
When considering whether an offence was disclosed in an extradition application, what matters is the nature of the conduct described in the extradition request or warrant; the ‘charge’ has no formal status in the extradition proceedings. It is an . .
Cited – Fofana, Belise v Deputy Prosecutor Thubin, Tribunal De Grande Instance De Meaux, France QBD 5-Apr-2006
When considering whether an offence was disclosed in an extradition application, what matters is the nature of the conduct described in the extradition request or warrant; the ‘charge’ has no formal status in the extradition proceedings. It is an . .
Cited – Regina v Director of Public Prosecutions Ex Parte Thom QBD 21-Dec-1994
The Court could not judicially review a decision of the Director of Public Prosecutions not to discontinue extradition proceedings because, when acting in such proceedings on behalf of the requesting state, the Director does not act as a prosecutor, . .
Cited – Regina v Secretary of State for Home Department, ex parte Bateman – Regina v Same ex parte Howse QBD 5-May-1993
Compensation for a wrongful imprisonment should include circumstances of miscarriage of justice as well as pardons. A magistrate is not a public authority. The threshold of exceptionality is high: ‘It was essentially a question for the Secretary of . .

Cited by:

Appeal from – Raissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .
Cited – VB and Others v Westminster Magistrates SC 5-Nov-2014
Extraditions to follow normal open justice rules
Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of . .
Lists of cited by and citing cases may be incomplete.

Damages, Prisons

Updated: 09 July 2022; Ref: scu.248994

Van Wees v Karkour and Another: QBD 14 Feb 2007

The claimant sought damages of nearly ten million pounds, principally from a loss of future earnings, after suffering a head injury in a traffic accident. She had just begun a new company providing professional financial services. The defendant said that the claim was grossly exaggerated.

Judges:

Langstaff J

Citations:

[2007] EWHC 165 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 09 July 2022; Ref: scu.248927

Tool Metal Manufactuing Company Ltd v Tungsten Electric Company Ltd: HL 16 Jun 1955

The principle in Hughes v Metropolitan Railway could apply to a reduction by concession in payments due to a creditor and a concession could be terminated by giving reasonable notice.

Judges:

Viscount Simonds, Lord Oaksey, Lord Reid, Lord Tucker, Lord Cohen

Citations:

[1955] UKHL 5, [1955] 1 WLR 761, [1955] 2 All ER 657

Links:

Bailii

Statutes:

Patents and Designs Act 1938 38

Jurisdiction:

England and Wales

Citing:

Cited – Hughes v Metropolitan Railway Co HL 1877
A notice to repair had been served by the landlord on the tenant. The tenant wrote offering to buy the premises and proposed deferring the commencement of repairs until the landlord responded. The landlord replied by letter asking the price. It was . .

Cited by:

Cited – WWF (World Wide Fund for Nature) and Another v World Wrestling Federation Entertainment Inc CA 2-Apr-2007
The parties had disputed use of the initals WWF, with a compromise reached in 1994 allowing primary use by the Fund with restricted use by the Federation. The Federation now appealed an award of damages made after a finding of a breach of the . .
Cited – Collier v P and M J Wright (Holdings) Ltd CA 14-Dec-2007
Agreement for payment by joint debtor not contract
The claimant appealed against refusal of an order to set aside a statutory demand. He said that he had compromised a claim by the creditors. He argued for an extension to the Rule in Pinnel’s case, so that where a debtor agrees to pay part of a . .
Lists of cited by and citing cases may be incomplete.

Contract, Damages, Equity, Estoppel

Updated: 09 July 2022; Ref: scu.248524

Bunge Corporation (New York) v Tradax Export Sa (Panama): HL 25 Feb 1981

The FOB contract for the sale of goods required the buyers to give notice of the probable readiness of the ships on which the goods were to be carried. The notice was given four days too late. The sellers declared the buyers in default and claimed damages for default on the basis that the term as to notice was a condition. The damages claimed were the difference between the contract price and the market price. The sellers did not contend that, if the term was not a condition, the delay of four days amounted to a repudiation. The breach complained of consisted not of giving less than the requisite number of days’ notice under the contract, but of giving notice after the last date on which it could legitimately be given because the required 15 days notice would have ended after the last possible date for shipment. The House considered the construction of clause 7 of GAFTA 119, and in particular whether it was a condition or warranty, and whether time was of the essence.
Held: Whether a time limit is of the essence of a contractual provision is a question of interpretation.
Lord Wilberforce said: ‘As to such a clause there is only one kind of breach possible, namely to be late, and the questions to be asked are: first what importance have the parties expressly ascribed to this consequence? And, second, in the absence of expressed agreement, what consequence ought to be attached to it having regard to the contract as a whole?’ and ‘In conclusion, the statement of the law in Halsbury’s Laws of England, 4th ed., vol. 9 (1974), paras. 481-482, including the footnotes to paragraph 482 (generally approved in the House in the United Scientific Holdings case), appears to me to be correct, in particular in asserting (1) that the court will require precise compliance with stipulations as to time wherever the circumstances of the case indicate that this would fulfil the intention of the parties, and (2) that broadly speaking time will be considered of the essence in ‘mercantile’ contracts – with footnote reference to authorities which I have mentioned.’
Lord Lowry said: ‘It is by construing a contract (which can be done as soon as the contract is made) that one decides whether a term is, either expressly or by necessary implication, a condition, and not by considering the gravity of the breach of that term (which cannot be done until the breach is imminent or has occurred).’

Judges:

Lord Wilberforce, Lord Fraser of Tullybelton, Lord Scarman, Lord Lowry, Lord Roskill

Citations:

[1981] UKHL 11, [1981] 2 All ER 513, [1981] 1 WLR 711, [1981] 2 Lloyds Rep 1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Bunge Corporation v Tradax CA 1980
. .

Cited by:

Cited – Lombard North Central v Butterworth CA 31-Jul-1986
The defendant entered into a hire-purchase contract for a computer, time being stipulated to be ‘of the essence’ in relation to the payment obligations. He defendant defaulted, and the plaintiff took possession of the goods, and and sought payment . .
Cited – Lombard North Central v Butterworth CA 31-Jul-1986
The defendant entered into a hire-purchase contract for a computer, time being stipulated to be ‘of the essence’ in relation to the payment obligations. He defendant defaulted, and the plaintiff took possession of the goods, and and sought payment . .
Lists of cited by and citing cases may be incomplete.

Contract, Damages

Updated: 09 July 2022; Ref: scu.248649

Baker v Bolton and others: KBD 8 Dec 1808

The plaintiff and his wife had been thrown from the roof of a coach. The plaintiff sought damages for the loss of his wife’s ‘comfort, fellowship, and assistance’.
Held: The claim failed in part: ‘the jury could only take into consideration the bruises which the plaintiff had himself sustained, and the loss of his wife’s society, and the distress of mind he had suffered on her account, from the time of the accident till the moment of her dissolution. In a civil Court, the death of a human being could not be complained of as an injury; and in this case the damages, as to the plaintiff’s wife, must stop with the period of her existence. ‘

Judges:

Lord Ellenborough

Citations:

[1808] EWCC J38, [1808] EWHC KB J92, (1808) 1 Camp 493, 170 ER 1033

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Cox v Ergo Versicherung Ag SC 2-Apr-2014
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 09 July 2022; Ref: scu.248377

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 can discharge their duty of care in all cases. The judge was entitled to find the employer liable despite offering a staff counselling service. The employee’s problems should have been dealt with by a management intervention.

Citations:

[2007] EWCA Civ 70, [2007] IRLR 355, [2007] 2 All ER 126, [2007] ICR 1318

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Application for leave – Daw v Intel Corporation (UK) Ltd CA 24-Jul-2006
Renewed application for permission to appeal – granted. . .
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 – 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 by:

Cited – 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 . .
Cited – Flood v The University Court of the University of Glasgow OHCS 8-Jul-2008
The pursuer, a college lecturer claimed damages for stress related injury suffered as a result of overwork. She had communicated with her managers many times about the overload. Other staff had resigned for similar reasons.
Held: The pursuer . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 09 July 2022; Ref: scu.248383

Aerospace Publishing Ltd and Another v Thames Water Utilities Ltd: CA 11 Jan 2007

A substantial private archive of valuable books had been damaged when the defendant’s water mains burst. The court was asked to assess the value.
Held: The water company’s appeal failed save to a small extent. The articles were of substantial value but were neither readily marketable nor uniquely valuable. Though the judge’s decision was open to criticism, he was not incorrect to refuse to provide particularised responses to each submission made. As to the claim for diverted management time, the court set out the applicable principles: ‘(a) The fact and, if so, the extent of the diversion of staff time have to be properly established and, if in that regard evidence which it would have been reasonable for the claimant to adduce is not adduced, he is at risk of a finding that they have not been established.
(b) The claimant also has to establish that the diversion caused significant disruption to its business.
(c) Even though it may well be that strictly the claim should be cast in terms of a loss of revenue attributable to the diversion of staff time, nevertheless in the ordinary case, and unless the defendant can establish the contrary, it is reasonable for the court to infer from the disruption that, had their time not been thus diverted, staff would have applied it to activities which would, directly or indirectly, have generated revenue for the claimant in an amount at least equal to the costs of employing them during that time.’

Citations:

[2007] EWCA Civ 3, Times 22-Jan-2006, [2007] Bus LR 726, 2007] CILL 2429, [2007] NPC 5, 110 Con LR 1, [2007] 3 Costs LR 389

Links:

Bailii

Statutes:

Water Industry Act 1991 209

Jurisdiction:

England and Wales

Citing:

Cited – Southampton Container Terminals Ltd v Hansa Schiffahrts GmbH (The Maersk Colombo) CA 3-May-2001
The claimants operated the container terminal in Southampton. A crane was struck and damaged beyond repair by the defendants’ vessel. The crane was not replaced because before the casualty the claimants had ordered two new cranes. Loss of use of the . .
Cited – Tate and Lyle Distribution v Greater London Council 1982
The defendants were liable to the claimants for having failed to dredge silt which they had caused to be accumulated when constructing new piers for the Woolwich ferry and which had obstructed the claimants’ use of their barge moorings. The result . .
Cited – Horace Holman Group Ltd v Sherwood International Group Ltd TCC 2001
The defendants were to pay damages after failing to provide an adequate software package. The claimants included a claim for wasted time by their directors and staff in struggling with the inadequacies of the software provided.
Held: The claim . .
Cited – Standard Chartered Bank v Pakistan National Shipping Corporation; Seaways Maritime Limited; Oakprime International Limited; Arvind Mehra and Sgs United Kingdom Limited CA 26-Jan-2001
As part of its attempt to mitigate its loss caused by deceit perpetrated in relation to it by the defendants, the claimant bank presided over the sale of a cargo of bitumen in Vietnam. To do this, it sent one of its officers, to Vietnam on two . .
Cited – Admiral Management Services Ltd v Para-Protect Europe Ltd and Others ChD 4-Mar-2002
The claimants suspected the defendants of wrongfully using their confidential information. Their staff made an initial investigation. They obtained a search and seizure order; and the material seized was examined by the staff. A Tomlin Order was . .
Cited – Darbishire v Warran CA 30-Jul-1963
Damages were claimed for a damaged car.
Held: Pearson LJ said: ‘It is vital, for the purpose of assessing damages fairly between the plaintiff and the defendant, to consider whether the plaintiff’s course of action was economic or uneconomic, . .
Cited – BP Exploration Co (Libya) Ltd v Hunt (No. 2) 1982
The court considered the application of interest to damages: ‘the basic principle . . that interest will be awarded from the date of loss’ and ‘the mere fact that it is impossible for the defendant to quantify the sum due until judgment has been . .
Cited – R+V Versicherung Ag v Risk Insurance and Reinsurance Solutions Sa and others ComC 27-Jan-2006
It had held that the defendant insurance intermediaries were liable to the claimants, a German reinsurance company, because of a conspiracy to defraud the claimants on the part of one of the defendants’ employees. The court had to decide issues of . .
Cited – Jaura v Ahmed CA 21-Feb-2002
The applicant sought damages for the wrongful termination of her lease by the respondent. The landlords re-entered in default of payment of the rent. The premises had been sub-let, and she sought damages for the loss of rental profits.
Held: . .
Cited – Kaines (UK) Ltd v Osterreichische Warrenhandelsgesellschaft Austrowaren Gesellschaft mbH CA 1993
In June 1987 the defendants repudiated a contract to sell the claimant’s crude oil for lifting in September 1987 and for payment in October 1987. The claimants thereupon contracted to buy the oil at a higher price, again for lifting in September . .
Appeal from – Aerospace Publishing Ltd and Another v Thames Water Utilities Ltd QBD 13-Jan-2006
Whether respondents liable for damage from leak from mains water pipe – calculation of damages. . .

Cited by:

Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Cited – Mr H TV Ltd v ITV2 Ltd ComC 8-Oct-2015
The claimant had contracted with the defendant for the production of a series of reality TV shows featuring celebrities. After severe personal clashes between the people involved on the claimants side, the contract was terminated. The claim was that . .
Lists of cited by and citing cases may be incomplete.

Damages, Utilities

Updated: 09 July 2022; Ref: scu.247677

Burlo v Langley and Carter: CA 21 Dec 2006

The claimant had been employed by the defendants as a nanny. She threatened to leave, but then was injured in a car acident and given a sick note. The employer immediately engaged someone else. She was found to have been unfairly dismissed. The employer complained that she should only have been awarded SSP. The EAT found that the contract imposed contractual notice terms. The claimant cross appealed for her full contractual notice entitlement of eight weeks and otherwise.
Held: She had obtained alternate employment quickly, therefore damages relating to the manner of her dismissal and future losses of wages were low. As to the loss of the right not to be unfairly dismissed, she should be awarded andpound;20.00, and as to the loss of redundacy rights, andpound;200.00. The decisions of this Court in Babcock did not affect the jurisprudential standing of the narrow Norton Tool principle one way or the other. The court did not rule, as part of either ratio decidendi, that the principle in Norton Tool either did or did not offend against section 74 of the 1978 Act, but there is in Norton Tool no wider principle by which newly formulated precepts of good industrial or employment practice can be applied to the assessment of compensation under section 123 of ERA 1996 if the result of such application would be an award greater than the loss caused to the employee as a consequence of the dismissal. The SSP was the correct measure of loss.

Judges:

Mummery LJ, Smith LJ, Leveson LJ

Citations:

[2006] EWCA Civ 1778, [2007] 2 All ER 462, [2007] IRLR 145, [2007] ICR 390

Links:

Bailii

Statutes:

Employment Rights Act 1996 123, Contracts of Employment Act 1963

Jurisdiction:

England and Wales

Citing:

Cited – Babcock FATA Ltd v Addison CA 1987
The employee was unfairly dismissed for redundancy. He was given 5 weeks pay in lieu, a statutory redundancy payment and a severance payment under the employers’ own scheme. He did not obtain another job until well after his period of notice had . .
Cited – 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 – Hardy v Polk (Leeds) Ltd EAT 2-Feb-2004
EAT Practice and Procedure – Bias, misconduct and procedural irregularity
The amount of the respondent’s entitlement to pay in lieu will be relevant to the question of any compensatory award. . .
Cited – Morgans v Alpha Plus Security Ltd EAT 17-Jan-2005
The Tribunal had given credit for the full amount of incapacity benefit which the employee had received during the notice period. He appealed on the grounds that it ought not to have done so. There was a conflict of authority on the point in the . .
Mentioned – Stepek (J) Ltd v Hough NIRC 1973
. .
Mentioned – Hilti (Great Britain) Ltd v Windridge EAT 1974
EAT The employer appealed against the tribunal’s decision to make an award to compensate the respondent for the loss of entitlement to an extended statutory notice period.
Held: The award was upheld. Lord . .
Cited – Vaughan v Weighpack Ltd NIRC 1974
(National Industrial Relations Court) In a claim for compensation for unfair dismissal, the employee should be treated as having suffered a loss in so far as he received less than he would have received in accordance with good industrial practice. . .
Cited – Everwear Candlewick Ltd v Isaac EAT 2-Jan-1974
Sir John Brightman referred to Norton Tool, Stepek and Hilti and then said: ‘The principle behind these three cases is clear. If an employee is unfairly dismissed without due notice and without pay in lieu of notice, he is prima facie entitled to . .
Cited – Blackwell v GEC Elliott Processes 1976
. .
Cited – Tradewinds Airways v Fletcher EAT 1981
The employee, an airline pilot, was entitled to three months contractual notice. The Tribunal had awarded compensation for the full three months even although he had earned a salary from other employment during part of that period.
Bristow J . .
Cited – TBA Industrial Products Ltd v Locke EAT 1984
The employee had been unfairly dismissed with 12 weeks pay in lieu of notice.
Held: The court re-affirmed the narrow principle of Norton Tool v Tewson. Browne Wilkinson J P said: ‘It seems to us that the decision in the Tradewinds [1981] IRLR . .

Cited by:

See Also – Burlo v Langley and Another CA 21-Dec-2006
Brief Order. . .
Cited – Stuart Peters Limited v Bell EAT 22-Oct-2008
EAT UNFAIR DISMISSAL: Compensation/Mitigation of loss
The employee was unfairly constructively dismissed. She was entitled to a 6 month notice period that was not paid by the employees in that period, . .
Cited – Stuart Peters Ltd v Bell CA 30-Jul-2009
The claimant had a contract entitling her to six month’s notice. She left claiming constructive dismissed, but found work shortly after. She still sought the full six months’ pay. The EAT found in her favour. The employer appealed.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 08 July 2022; Ref: scu.247496

Rowlands v Chief Constable of Merseyside Police: CA 20 Dec 2006

The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable.
Held: The Chief Constable was potentially liable for aggravated and or exemplary damages for the tortious acts of his officers. An award of exemplary damages would not over-compensate the claimant, and the judge had not properly acknowledged the distress she had suffered. The judge had misapplied Kuddus, and under section 88, the Chief Constable remained liable for the acts of his officers. The conduct of the police officers was worthy of significant punishment.

Judges:

Lord Justice Ward, Lord Justice Moore-Bick and Lord Justice Richards

Citations:

[2006] EWCA Civ 1773, Times 11-Jan-2007, [2007] 1 WLR 1065

Links:

Bailii

Statutes:

Police Act 1996 88

Jurisdiction:

England and Wales

Citing:

Cited – Hicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .
Cited – Herniman v Smith HL 1938
The court considered the tort of malicious prosecution.
Held: It is the duty of a prosecutor to find out not whether there is a possible defence, but whether there is a reasonable and probable cause for prosecution. The House approved the . .
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 – Wright v British Railways Board HL 1983
An award of interest at a conventional rate includes an element in respect of the ‘real’ rate of return which an investor could expect to receive on a risk-free investment and an element to allow for inflation. Lord Diplock said: ‘that element of . .
Cited – Sutcliffe v Pressdram Ltd CA 1991
A 600,000 pound compensatory award was set aside by the Court of Appeal on the grounds that it must have been made on the wrong basis, almost certainly so as to punish Private Eye. The Court of Appeal could not substitute its own award for that of a . .
Cited – Rantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
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 – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
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 – Kuddus v Chief Constable of Leicestershire Constabulary HL 7-Jun-2001
There is no rule of law preventing the award of exemplary damages against police officers. The fact that no case of misfeasance in public office had led to such awards before 1964, did not prevent such an award now. Although damages are generally . .

Cited by:

Cited – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
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.

Police, Damages

Updated: 08 July 2022; Ref: scu.247488

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed.
Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her cancellation date for the next fixture. This was the kind of result which the parties would have had in mind. Rapid variations in market rates in either direction were market knowledge and the kind of loss, the need, on account of delay in redelivery, to adjust the dates for the subsequent employment of the vessel with a reduction in the previously agreed rate of hire, was within the contemplation of the parties as a not unlikely result of the breach.

Judges:

Christopher Clarke J

Citations:

[2006] EWHC 3030 (Comm), [2007] 1 Lloyd’s Rep 19, [2007] 1 All ER (Comm) 379, [2006] 2 CLC 1069

Links:

Bailii

Citing:

Cited – Hadley v Baxendale Exc 23-Feb-1854
Contract Damages; What follows the Breach Naturaly
The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying . .
Cited – Meyer v Sanderson 1913
The charterer had sent out the vessel on a further voyage even on the day when the charter was to come to an end. The owner sought damages.
Held: The charterers were ordered to ‘pay for the use of the steamer on that last voyage at the rate . .
Cited – The Peonia CA 1991
The ship had been returned beyond the charter date. The court was asked whether, when the vessel was sent on a legitimate last voyage but, through no fault of the charterers, was then redelivered after the final terminal date, the owners were . .
Cited – Watson Steamship Co v Merryweather and Co 1913
The vessel owners sought damages when the ship was redelivered 20 days late by the charterers. The special case as pleaded was ‘A claim was made by the owners for damages for dislocation of business and other special damage, but there was no . .
Cited – Christopher Hill Ltd v Ashington Piggeries Ltd CA 1969
The buyer suppied a food formula to a food mixer and claimed damages when the food mix injured his mink. The defendant argued that the level of damages sought exceeded that expectations of the parties when the contract was entered into.
Held: . .
Cited – London and Overseas Freighters v Timber Shipping Co SA ‘The London Explorer’ HL 1972
The London Explorer was under a charter where the hire was ‘to continue until the hour of the day of her redelivery’. The charterers redelivered the ship about 3 months late because, although she had set out on a legitimate last voyage, she had been . .
Cited – Christopher Hill Ltd v Ashington Piggeries Ltd HL 1972
Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula.
Held: There was reliance as to the suitability of the ingredients only.
Lord Diplock said: ‘Unless the Sale of Goods Act 1893 is to be allowed . .
Cited – The Black Falcon 1991
The ship under charter was returned late. The arbitrators had awarded the market rate of hire from the date when the vessel would have been delivered if she had not undertaken her last (illegitimate) voyage rather than from the last date when she . .
Cited – The Dione 1975
Charterers should have redelivered the vessel by a certain date but failed to do so.
Held: They were held liable in damages for the difference between the market and charterparty rate for the overrun period. Lord Denning said that where the . .
Cited – The Johnny 1977
Where a charterer had overrun his time, and faced a claim for damages, under the provisions of the amended Baltime form, the market rate should be assessed by reference to the market rate for 11-13 month charters (the period of the charterparty) as . .
Cited – Torvald Klaveness A/S v Arni Maritime Corporation (The Gregos) ChD 1991
The ship was returned late from a charter. The court was asked whether or not the legitimacy of the last voyage fell to be established at the date when the order was given or at the time when the last voyage began.
Held: It was the second: . .
Cited – Torvald Klaveness A/S v Arni Maritime Corporation (The Gregos) CA 4-Jun-1993
The ship was returned by the charterer after the expiry of the time charter. The court was asked as to when the validity of the last order was to be tested.
Held: The legitimacy of the charterer’s final order was to be tested at the date it . .
Cited – Torvald Klaveness A/S v Arni Maritime Corporation (The Gregos) HL 28-Oct-1994
In a continuing charter when it was clear that the time of the charter will be exceeded, the contract allows an action for an anticipatory breach. Any new redelivery order was to be obtained after after it first became impossible to meet the charter . .
Cited – Victoria Laundry (Windsor) Ltd v Newman Industries CA 1949
The plaintiffs claimed for loss of the profits from their laundry business because of late delivery of a boiler.
Held: The Court did not regard ‘loss of profits from the laundry business’ as a single type of loss. They distinguished losses . .
Cited – Czarnikow (C ) Ltd v Koufos; The Heron II HL 17-Oct-1967
The vessel had arrived late at Basrah in breach of the terms of the charterparty. The House was asked as to the measure of damages. The charterers had intended to sell the cargo of sugar promptly upon arrival, and now claimed for the fall in the . .
Cited – H Parsons (Livestock) Limited v Uttley Ingham and C. Limited CA 1978
The defendants had installed a pig nut hopper for the plaintiffs, but failed to provide adequate ventilation, causing the nuts to go sour, and the pigs to be poisoned.
Held: Remoteness of damage is a question of law. The death of the pigs . .
Cited – Kpohraror v Woolwich Building Society CA 1996
The Society, acting as a bank, had at first failed to pay its customer’s cheque for andpound;4,550, even though there were sufficient funds. The bank said that it had been reported lost. The customer sought damages to his business reputation.
Cited – Brown v KMR Services Ltd CA 26-Jul-1995
Allied Maples had made a corporate takeover of assets and businesses within the Gillow group of companies, during which it was negligently advised by the defendant solicitors in relation to seeking protection against contingent liabilities of . .
Cited – The Rio Claro 1987
For a loss arising from a breach of contract to be recoverable, Staughton J said: ‘It must be such as the contract breaker should reasonably have contemplated as not unlikely to result. To that direction must be added the point that the precise . .
Cited – The ‘Pegase’ 1981
The court considered the measure of damages for breach of contract in the light of the cases in the Heron II and Victoria Laundry: ‘the principle in Hadley v Baxendale is now no longer stated in terms of two rules, but rather in terms of a single . .
Cited – British Columbia, etc. Saw Mills Co. Ltd v Nettleship 1868
Willes J said: ‘the mere fact of knowledge cannot increase the liability. The knowledge must be brought home to the party sought to be charged under such circumstances that he must know that the person he contracts with reasonably believes that he . .
Cited – Atlantic Shipping and Trading Co v Louis Dreyfus and Co HL 1921
Lord Dunedin said: ‘My Lords in these commercial cases it is I think of the highest importance that authorities should not be disturbed and if your lordships find that a certain doctrine has been laid down in former cases and presumably acted upon . .
Cited – The ‘Nukila’ CA 1987
Hobhouse LJ said: ‘Turning to the authorities it must at the outset be recognised that, whether or not they are strictly binding on us, they must, insofar as they represent the existing authoritative statements of the law only be departed from if . .
Cited – R and H Hall Ltd v WH Pim Junr and Co Ltd HL 1928
Pim sold a cargo of wheat to Hall at 51s 9d a quarter. Hall had agreed to sell a similar cargo to Williams at 56s 9d a quarter, and Williams to sell again Suzuki at 59s 3d a quarter. Pim bought a cargo of wheat on board the ‘S.S. Indianic’ at 60s a . .
Cited – Slater v Hoyle and Smith Ltd 1920
Cotton cloth was sold. The buyer was to use it to fulfil his own contract with a sub-buyer. The cloth was not of the contractual quality but the buyer was able to perform the sub-contract by delivering the same cloth. The sub-buyers paid the full . .
Cited – Bence Graphics International Ltd v Fasson UK Ltd CA 24-Oct-1996
Bench sold vinyl film to Fasson for decals to identify sea-borne bulk containers. A term required the film to be legible condition for at least five years. Fasson sold them to container manufacturers who supplied the containers marked with the . .
Cited – Koch Marine Inc v D’Amica Societa Di Navigazione ARL (The Elena d’Amico) QBD 1980
The ship owners wrongfully repudiated a charterparty in March 1973, 14 months after its inception. The charterers did not hire a substitute but claimed damages for the loss of profits they would have made between January and April 1974, during which . .
Cited – Louis Dreyfus Trading Ltd v Reliance Trading Ltd 2004
LD sold 7kmt sugar to R, C and FFO Banjul at $257.43 per mt. Shipment was ‘per m.v. Dawn currently discharging at Banjul’. An associate of R had already sold 5kmt to B at $290 per mt, for which the sugar was bought. LD knew of the resale and . .

Cited by:

Appeal from – Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia (the ‘Achilleas’) CA 6-Sep-2007
The court considered damages for late redelivery of a time-chartered vessel. . .
At first instance – Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) HL 9-Jul-2008
The parties contracted to charter the Achileas. The charterer gave notice to terminate the hire, and the owner found a new charterer. Until the termination the charterers sub-chartered. That charter was not completed, delaying the ship for the . .
Lists of cited by and citing cases may be incomplete.

Transport, Contract, Damages

Updated: 08 July 2022; Ref: scu.246737

Eiles v London Borough of Southwark: TCC 28 Jul 2006

Quantification of claim for damages for damage from tree roots. Costs order.

Judges:

Ramset J

Citations:

[2006] EWHC 2014 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Main judgment – Eiles v London Borough of Southwark TCC 22-Jun-2006
Claim for damages – subsidence caused by tree roots. . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Damages, Costs

Updated: 08 July 2022; Ref: scu.245898

Turner v News Group Newspapers Ltd and Another: CA 16 May 2006

Dispute as to quantification of damages for libel. An offer of amends had been made, but the parties could not agree the sum payable.

Judges:

Pill LJ, Keene LJ, Moses LJ

Citations:

[2006] EWCA Civ 540, [2006] 1 WLR 3469, [2006] EMLR 703, [2006] 4 All ER 613

Links:

Bailii

Statutes:

Defamation Act 1996 3(5)

Jurisdiction:

England and Wales

Citing:

Cited – Burstein v Times Newspapers Ltd CA 20-Dec-2000
Where a defendant in a defamation action sought to reduce the damages payable by arguing that the claimant had a reduced or damaged reputation, he could include evidence about particular facts only where these were directly connected to the . .

Cited by:

Cited – Kaschke v Gray and Another QBD 23-Jul-2010
The claimant sought damages in defamation saying that the defendants had published a web page which falsely associated her with a terrorist gang in the 1970s. The defendants now sought a strike out of her claim as an abuse saying that a similar . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 08 July 2022; Ref: scu.245867

Charalambous v Earle: CA 12 Oct 2006

The tenant occupied the property as his residence under a long lease. The landlord failed in his duty to repair the property, and the tenant was awarded damages for having to vacate the property. The landlord appealed the quantum of damages awarded.
Held: The appeal succeeded. The court was entitled to take into account the rental value of the property when assessing the damages to be awarded for the distress discomfort and inconvenience resulting from the landlord’s failure.

Judges:

Cranwath LJ, Moses LJ

Citations:

Times 15-Nov-2006, [2006] EWCA Civ 1090

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Earle v Charalambous CA 28-Jul-2006
Calculation of damages for breach of covenant to repair by landlord. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Damages

Updated: 07 July 2022; Ref: scu.245345

Moto Hospitality Ltd v Highways Agency: LT 28 Jul 2006

LT COMPENSATION – injurious affection – Compulsory Purchase Act 1965 s 10 – preliminary issue – motorway service area – junction alterations affecting trade – whether damage suffered as result of ‘works’ – whether particular damage suffered – held claim for compensation may lie.

Citations:

[2006] EWLands LCA – 122 – 2005

Links:

Bailii

Statutes:

Compulsory Purchase Act 1965 10

Jurisdiction:

England and Wales

Citing:

Cited – Ocean Leisure Ltd v Westminster City Council LT 31-Dec-2003
LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue – whether claim under Compulsory Purchase Act 1965 s 10 valid – held . .

Cited by:

Appeal from – Moto Hospitality Ltd v Secretary of State for Transport CA 26-Jul-2007
The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 07 July 2022; Ref: scu.244522

Vision Golf Ltd v Weightmans (A Firm): ChD 21 Jul 2006

Judges:

Nugee QC DHCJ

Citations:

[2006] EWHC 1766 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Vision Golf v Weightmans (a Firm) ChD 26-Jul-2005
The defendant solicitors were joint tortfeasors, having failed to make an application to court in a timely fashion, when it might have succeeded. It defended the claim saying that had the claimant issued proceedings against a second firm that firm . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 07 July 2022; Ref: scu.243988

Earle v Charalambous: CA 28 Jul 2006

Calculation of damages for breach of covenant to repair by landlord.

Citations:

[2007] HLR 8, [2006] EWCA Civ 1090

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Charalambous v Earle CA 12-Oct-2006
The tenant occupied the property as his residence under a long lease. The landlord failed in his duty to repair the property, and the tenant was awarded damages for having to vacate the property. The landlord appealed the quantum of damages awarded. . .
Cited – Regus (UK) Ltd v Epcot Solutions Ltd CA 15-Apr-2008
The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Damages

Updated: 07 July 2022; Ref: scu.243992

PJ Pipe and Valve Co. Ltd. v Audco India Ltd: QBD 2 Sep 2005

The claimant was an agent in the petrochemical industry promoting and selling the defendant’s valves. There were two agency agreements, one relating solely to products to be supplied to a particular petro-chemical complex in Nanhai, the other being a general agency agreement under which the claimant was given exclusive rights to represent the defendant and other suppliers for a period of two years. The latter agreement was terminated as far as the defendant was concerned as a result of the defendant’s repudiation of it about twelve months before it was due to expire. The agent brought proceedings claiming commission or damages in respect of orders placed with the defendant for equipment required for three different phases of a construction project at Bonny Island, Nigeria and compensation under Regulation 17.
Held: the claimant had been the effective cause of the defendant’s obtaining orders for equipment required for all three phases of the project at Bonny Island and he therefore held that it had earned commission in respect of all that equipment. It therefore became unnecessary for him to consider the alternative claim for damages which was apparently limited to the amount of commission which the claimant said it would have earned in relation to the equipment ordered for that project. As to the compensation payable under the Regulations, the court declined to follow the general French rule as to two year’s commission. The claimant would have effected one further successful introduction during the remaining twelve months of the contract, the value of which he assessed by reference to the average gross commission earned by the claimant from the six previous projects it had obtained for the defendant. The court approached the assessment of compensation as one would approach the assessment of damages for breach of contract.

Judges:

Fulford J

Citations:

[2005] EWHC 1904 (QB)

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993 No 3053, Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents 17

Jurisdiction:

England and Wales

Citing:

Cited – Moore v Piretta Pta Ltd QBD 11-May-1998
M had a series of agency contracts selling women’s clothing. The last contract was in 1994, and on termination, M claimed an indemnity under the contract which itself applied the regulations. Reg 17(3) gave an indemnity for new customers, where the . .

Cited by:

Doubted in part – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
Lists of cited by and citing cases may be incomplete.

Agency, Damages

Updated: 07 July 2022; Ref: scu.230121

Beoco Ltd v Alfa Laval Co Ltd and Another: CA 21 Dec 1993

The tort loss of profit principles can apply in contract cases for damages. No economic loss damages were to be claimed after a supervening incident prevented a return to work.
As to costs incurred after a late amendment, Stuart-Smith LJ said: ‘As a general rule where a plaintiff makes a late amendment as here, which substantially alters the case the defendant has to meet and without which the action will fail, the defendant was entitled to the costs of the action down to the date of the amendment’, though ‘There may, of course, be special reasons why this general rule should not be applied. An example of this is . . where the judge was satisfied that, even if the amendment had been made earlier, the action would have been vigorously resisted.’

Judges:

Balcombe, Stuart-Smith, Peter Gibson LJJ

Citations:

Ind Summary 24-Jan-1994, Times 12-Jan-1994, [1993] EWCA Civ 22, [1995] QB 137, [1994] 4 All ER 464, [1994] CLC 111, 66 BLR 1, [1994] 3 WLR 1179

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Applied – Ireland v David Lloyd Leisure Ltd CA 14-Jun-2013
The claimant sought damages after being injured working out in the defendant’s gym. A weights machine had chopped off the top of her finger when it came to rest. The defendant appealed against a finding that the warnings had been inadequate.
Lists of cited by and citing cases may be incomplete.

Damages, Costs

Updated: 07 July 2022; Ref: scu.78346

Mount v Baker Austin: CA 18 Feb 1998

The Defendant solicitors had allowed the Plaintiff’s claim to be struck out for want of prosecution. The court considered how to calculate the value of the loss of the chance of pursuing the claim: ‘1. The legal burden lies on the plaintiff to prove that in losing the opportunity to pursue his claim (or defence to counterclaim) he has lost something of value i.e. that his claim (or defence) had a real and substantial rather than merely a negligible prospect of success. (I say ‘negligible’ rather than ‘speculative’ — the word used in a somewhat different context in Allied Maples Group Ltd v Simmons and Simmons [1995] 1WLR 1602 — lest ‘speculative’ may be thought to include considerations of uncertainty of outcome, considerations which in my judgement ought not to weigh against plaintiff in the present context, that of struck out litigation.)
2. The evidential burden lies on the defendants to show that despite their having acted for the plaintiff in the litigation and charged for their services, that litigation was of no value to their client, so that he lost nothing by their negligence in causing it to be struck out. Plainly the burden is heavier in a case where the solicitors have failed to advise the client of the hopelessness of his position and heavier still where, as here, two firms of solicitors successively have failed to do so. If, of course, the solicitors have advised their client with regard to the merits of his claim (or defence) such advice is likely to be highly relevant.
3. If and insofar as the court may now have greater difficulty in discerning the strength of the plaintiff’s original claim (or defence) than it would have had at the time of the original action, such difficulties should not count against him, but rather against his negligent solicitors. It is quite likely that the delay will have caused such difficulty and quite possible, indeed, that that is why the original action was struck out in the first place. That, however, is not inevitable: it will not be the case in particular (a) where the original claim (or defence) turned on questions of law or the interpretation of documents, or (b) where the only possible prejudice from the delay can have been to the other side’s case.
4. If and when the court decides that the plaintiff’s chances in the original action were more than merely negligible it will then have to evaluate them. That requires the court to make a realistic assessment of what would have been the plaintiff’s prospects of success had the original litigation been fought out. Generally speaking one would expect the court to tend towards a generous assessment given that it was the defendants’ negligence which lost the plaintiff the opportunity of succeeding in full or fuller measure. To my mind it is rather at this stage than the earlier stage that the principle established in Armory v Delmire (1722) 1 Stra. 505 comes into play.’

Judges:

Simon Brown LJ

Citations:

[1998] PNLR 493, [1998] EWCA Civ 277

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Armory v Delamirie KBD 1722
A jeweller to whom a chimney sweep had taken a jewel he had found, took the jewel out of the socket and refused to return it. The chimney sweep sued him in trover. On the measure of damages, the court ruled ‘unless the defendant did produce the . .

Cited by:

Cited – The Football League Ltd v Edge Ellison (A Firm) ChD 23-Jun-2006
The claimants operated football leagues, and asked the defendant solicitors to act in negotiating the sale of television rights to ONdigital. The broadcasts went ahead, but no guarantees were taken for the contract. The claimants alleged . .
Cited – Haithwaite v Thomson Snell and Passmore (A Firm) QBD 30-Mar-2009
The claimant sought damages from his former solicitors for admitted professional negligence. The court considered the loss suffered in the handling of his claim against a health authority. The solicitors received advice after issuing that the . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 07 July 2022; Ref: scu.242868

Manley v Commissioner of Police for the Metropolis: CA 28 Jun 2006

The claimant succeeded in his action against the respondent for assault, false imprisonment and malicious prosecution. He appealed his award of damages for malicious prosecution. He had a bad record, and the essential issue was the extent to which the award should be discounted for this.
Held: ‘the figures at the bottom of the judge’s brackets, so far as basic damages are concerned, simply cannot be said to have compensated this appellant for the way he was treated. Any reasonable jury should have appreciated that a failure to award something other than a substantial sum for aggravated damages would send out an entirely wrong message to the respondent. The police officers humiliated the appellant during the incident; they behaved in a high-handed, insulting, malicious and oppressive manner; those who were parties to the incident lied to found false charges, lied at the criminal trial and lied at the civil trial. The custody sergeant then fabricated or supported the fabrication of a story as well. No disciplinary proceedings of any kind have apparently resulted. No jury in my view could have awarded less than andpound;10,000 as aggravated damages. ‘ The award for malicious prosecution was raised also to andpound;4,000.

Judges:

Waller LJ, Moses LJ, Wilson LJ

Citations:

[2006] EWCA Civ 879

Links:

Bailii

Jurisdiction:

England and Wales

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 – Clark v Chief Constable of Cleveland Police CA 7-May-1999
It was appropriate for courts in all cases to give juries both general guidance on awarding damages and guidance as to the range of awards available in the circumstances. The court aslo set out the proper approach to the award of aggravated damages . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages, Police

Updated: 07 July 2022; Ref: scu.242898

Cox v Philips Industries Ltd: 15 Oct 1975

Damages for distress, vexation and frustration, including consequent ill-health, could be recovered for breach of a contract of employment if it could be said to have been in the contemplation of the parties that the breach would cause such distress etc.

Judges:

Lawson J

Citations:

Times 21-Oct-1975

Jurisdiction:

England and Wales

Citing:

Applied – Hadley v Baxendale Exc 23-Feb-1854
Contract Damages; What follows the Breach Naturaly
The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying . .

Cited by:

Cited – Heywood v Wellers CA 1976
The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 06 July 2022; Ref: scu.226986

Farmer Giles Ltd v Wessex Water Authority and another: 1990

The court looked at the measure of damages in relation to damage to land: ‘The award, particularly when contrasted with the cost of full reinstatement, in my judgment, also passes the test of reasonableness. I add that test of reasonableness because the authorities to which we have been referred indicate that reasonableness always has to be taken into account. The judge must stand back, when he has done his arithmetic, and ask himself whether the figure achieved by his findings is fair both to the plaintiff and to the defendants.’

Judges:

Lord Justice Russell

Citations:

[1990] 1 EGLR 177

Jurisdiction:

England and Wales

Cited by:

Cited – Bryant v Macklin CA 23-Jun-2005
The parties were neighbours. Mature trees had been damaged which had provided a screen against pylons. The cost of one directly equivalent tree would be andpound;400,000.
Held: In this case it was not possible to make an award which could . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 06 July 2022; Ref: scu.227093

A v Bottrill: PC 9 Jul 2002

PC (New Zealand) The defendant was a pathologist who carried out cervical smears. His actions were found to be negligent.
Held: The Board considered whether it would be correct to require an additional prerequisite of intention or conscious recklessness before an award of exemplary damages. Such a requirement would always bring evidential difficulties and ‘courts in common law countries have remained true to the underlying rationale of the exemplary damages jurisdiction. Courts in all countries have openly recognised the exceptional and unusual nature of this jurisdiction. They have recognised the need to confine this remedy to truly exceptional and unusual cases. Punishment is primarily a matter for criminal law. They have, further, been well aware of the importance, and the difficulty, of confining the use of this remedy in cases of negligence. ‘ However ‘as a matter of principle and authority, intentional wrongdoing or conscious recklessness is not an essential prerequisite to an order for payment of exemplary damages. Legal principle does not require that the court’s jurisdiction should be limited in this way.’ At the same time: ‘their Lordships cannot over-emphasise what has already been indicated more than once. The cases where it is appropriate to make an award of exemplary damages are exceptional. The cases where it is appropriate to make an award of exemplary damages in the absence of intentional wrongdoing or conscious recklessness will be exceptional and rare indeed.’

Judges:

Lord Nicholls of Birkenhea, Lord Hope of Craighead, Lord Hutton, Lord Millett, Lord Rodger of Earlsferry

Citations:

[2002] UKPC 44, [2003] 1 AC 449, (2003) 70 BMLR 198, [2002] 3 WLR 1406

Links:

PC, Bailii, PC

Jurisdiction:

England and Wales

Citing:

Cited – McLaren Transport Ltd v Somerville 1996
(New Zealand) Tipping J discussed the award of exemplary damages: ‘Exemplary damages for negligence causing personal injury may be awarded if, but only if, the level of negligence is so high that it amounts to an outrageous and flagrant disregard . .
Cited – Kuddus v Chief Constable of Leicestershire Constabulary HL 7-Jun-2001
There is no rule of law preventing the award of exemplary damages against police officers. The fact that no case of misfeasance in public office had led to such awards before 1964, did not prevent such an award now. Although damages are generally . .
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 – 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. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Damages, Professional Negligence

Updated: 06 July 2022; Ref: scu.177982

Al-Rawas v Pegasus Energy Ltd and others: QBD 8 Apr 2008

Judgment determining the damages to be recovered by the defendants under the claimant’s cross-undertakings given in respect of damages in an order for search and seizure, and in a freezing order.

Judges:

Jack J

Citations:

[2008] EWHC 617 (QB), [2009] 1 All ER 346, [2009] 1 All ER (Comm) 393

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Damages

Updated: 06 July 2022; Ref: scu.266908

Corus Hotels Plc v Woodward and Another: EAT 17 Mar 2006

EAT Sex Discrimination – injury to feelings
Sex discrimination – refusal of job after interview tainted by discrimination – award for injury to feelings affected by Tribunal’s indignation – size of Respondent company also wrongly taken into account – award reduced from andpound;5,000 to andpound;4,000.

Judges:

Bean J

Citations:

[2006] UKEAT 0536 – 05 – 1703

Links:

Bailii

Employment, Discrimination, Damages

Updated: 06 July 2022; Ref: scu.241832