Category: Damages

Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999

The claimant appealed the calculation of damages for future losses of earmings.
Held: The cross appeal on general damages failed, the effect of the injury of the plaintiff’s general enjoyment of life justified the award. As to the future earnings, the accident had been followed many months later by a strike, which the judge had held the plaintiff would have taken part in. 80% of the strikers had been dismissed. The judge restricted his losses accordingly. The claimaint had argued that a settlement was in train which would lead to a cash sum being offered to each sacked striker. After judgement this was fixed at andpound;28,000. In this case he had been discouraged from pursuing this point at trial, and the court had been inadvertently misled. Given this, the court should exercise its discretion to act upon evidence becoming available after the trial, and award the additional sum.

Judges:

Lord Justice Thorpe, Lord Justice Judge

Citations:

[1999] EWCA Civ 1704

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 21 January 2023; Ref: scu.146619

Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999

The Claimant complained to an industrial tribunal of unlawful racial discrimination. He had suffered a nervous breakdown and was certified as unfit for work due to stress. The employer had compromised all claims justiciable by the Employment tribunal.
Held: The employment tribunal had similar powers to the county court when hearing cases alleging the tort of racial discrimination, and the employment tribunal therefore had the power to award damages for personal injuries suffered because of the tort. Having claimed at the industrial tribunal it was therefore an abuse of process to bring a later claim on the same facts in the county court for damages the ET could have awarded. Section 57(4) adds a head of injury for which compensation is payable since at common law a claimant cannot as a rule recover damages for injuries for feelings, save in defamation and false imprisonment.

Judges:

Stuart Smith LJ

Citations:

Gazette 07-Jul-1999, Times 08-Jul-1999, [1999] EWCA Civ 1663, [1999] ICR 1170, [1999] IRLR 481

Links:

Bailii

Statutes:

Race Relations Act 1976 56 57(4)

Jurisdiction:

England and Wales

Cited by:

Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Damages

Updated: 21 January 2023; Ref: scu.136028

Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999

In personal injury cases, a judge deciding on the award of costs after a payment in, and where a benefits recovery was to take effect, was to judge the issue of costs by measuring the offer against the payment in or written offer, aggregated with the effect of the benefits to be deducted.

Citations:

Times 01-Jul-1999, [1999] EWCA Civ 1519

Statutes:

Social Security (Recovery of Benefits) Act 1997

Jurisdiction:

England and Wales

Personal Injury, Damages, Costs

Updated: 21 January 2023; Ref: scu.146434

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 subsidiaries within the vendor’s group. Allied Maples would have been better off, competently advised, if, but only if: (a) it had raised the matter with Gillow and sought improved warranties and (b) Gillow had responded by providing them.
Held: Allied Maples had to prove point (a) on a balance of probabilities, but point (b) should be assessed upon the basis of loss of the chance that Gillow would have responded favourably.
The scale of losses alone did not make damages claim too remote if it was nevertheless foreseeable. Liability for damages for negligent advice depends upon type not scale of loss.
Claims against underwriters are separate for each year, set-off not allowed.

Judges:

Stuart-Smith, Hobhouse and Millett LJJ

Citations:

Times 26-Jul-1995, Gazette 15-Sep-1995, Independent 13-Sep-1995, [1995] 2 Lloyd’s Rep 513, [1995] 4 All ER 598

Jurisdiction:

England and Wales

Citing:

Appeal from – Brown v KMR Services Ltd; Sword-Daniels v Pitel and Others QBD 19-Apr-1994
A Lloyds agent who was asked to find a low risk syndicate has a duty to do so. . .

Cited by:

Cited – 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 – Perry v Raleys Solicitors SC 13-Feb-2019
Veracity of a witness is for the court hearing him
The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Damages

Updated: 21 January 2023; Ref: scu.78703

Sylvia Shipping Co Ltd v Progress Bulk Carriers Ltd (‘The Sylvia’): ComC 18 Mar 2010

Judges:

Hamblen J

Citations:

[2010] EWHC 542 (Comm), [2010] 2 Lloyd’s Rep 81, [2010] 1 CLC 470

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Borealis Ab v Geogas Trading Sa ComC 9-Nov-2010
The parties had contracted for sale and purchase of butane for processing. It was said to have been contaminated. The parties now disputed the effect on damages for breach including on causation, remoteness, mitigation and quantum.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Damages

Updated: 20 December 2022; Ref: scu.403361

Norris (Suing By her Next Friend Norris) v Tennant-Smith: CA 7 Sep 1995

The claimant sought damages for personal injuries after being struck by the defendant’s car. He had emerged from between parked cars into the path of the defendant.
Held: The judge’s findings were essentially ones of fact, and his conclusion that the defendant driver had not been negligent could not be disturbed. Appeal dismissed.

Judges:

Lord Justice Roch Lord Justice Swinton Thomas -And- Lord Justice Aldous

Citations:

[1995] EWCA Civ 2

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 20 December 2022; Ref: scu.140361

Crosville Wales Ltd v Tracey: CA 4 Aug 1995

There should be no reduction in an award of damages for unfair dismissal simply for participation in strike where the employee had not been not re-instated after the industrial action.

Citations:

Times 04-Aug-1995, Independent 29-Aug-1995

Statutes:

Employment Protection (Consolidation) Act 1978 62 74(6)

Jurisdiction:

England and Wales

Employment, Damages

Updated: 20 December 2022; Ref: scu.79681

Channon (T/A Channon and Co) v Ward: QBD 12 May 2015

The claimant had lost significant sums through his accountancy practice, but now claimed that his insurance broker, the defendant had negligently failed to renew his professional indemnity policies, even though he had supplied policy numbers to the claimant. The defendant disputed whether the losses were part of the claimant’s practice.
Held: a burden lay on Claimant to establish that but for the negligence of the Defendant there would have been a policy in existence that covered the claim in question. Ordinarily such a step will not be difficult. Thereafter the burden is carried by the defendant broker if he seeks to establish that the insurer would have repudiated for some reason, whether that be by reason of breach of a condition or exemption.

Judges:

Cotter QC HHJ

Citations:

[2015] EWHC 4256 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Munro Brice and Co v War Risks Association 1918
Bailhache J discussed the principle that if there is a qualification of the general risk which covers the policy’s whole scope (so that there is no unqualified risk left), the burden is on the insured to prove facts which bring the case within the . .
Cited – Fraser v B N Furman (Productions) Ltd CA 1967
The employer’s liability policy contained a condition precedent that the insured should take reasonable precautions to prevent accidents and disease. The company sought to rely upon the clause to avoid liability.
Held: ”Reasonable’ does not . .
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 – Phillips and Co and Another v Whatley PC 2-May-2007
(Gilbraltar) The respondent had made a claim against his former lawyers, the appellants, alleging that he had lost out on a very significant personal injury claim for their failure to issue a writ in time. . .
Adopted – Everett v Hogg Robinson 1973
The court was asked whether a re-insurer would have repudiated by reason of a failure to disclose an adverse claims record had the broker not been negligent.
Held: if a broker relies on a causation defence he must satisfy the court that the . .
Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 20 December 2022; Ref: scu.572351

Grand v Gill: CA 19 May 2011

The tenant appealed against an order made in her favour on a finding of breach of covenant by her landlord.

Judges:

Thomas, Lloyd, Rimer LJJ

Citations:

[2011] EWCA Civ 554, [2011] 27 EG 78, [2011] NPC 50, [2011] 1 WLR 2253, [2011] 21 EG 95, [2011] 3 All ER 1043, [2011] HLR 37

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant, Damages

Updated: 20 December 2022; Ref: scu.439869

4 Eng Ltd v Harper and Another: ChD 29 Apr 2008

The claimant sought damages for deceit in the purchase of shareholdings fropm the defendants. The defendants objected that the damages claimed were for a loss of chance and were irrecoverable.
Held: Such damages might be recoverable in an action for deceit. Though there was no previous case directly on the point, there was no reason in principle why such a claim might not be made.

Judges:

David Richards J

Citations:

[2008] EWHC 915 (Ch), Times 23-Jun-2008, [2008] Bus LR 1698, [2009] Ch 91, [2008] 3 WLR 892

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – East v Maurer CA 1991
The plaintiffs had bought a hair dressing salon from the defendant, who continued to trade from another he owned, despite telling the plaintiffs that he intended not to. The plaintiffs lost business to the defendant. They invested to try to make a . .
Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Lists of cited by and citing cases may be incomplete.

Company, Contract, Damages

Updated: 12 December 2022; Ref: scu.270459

Veitch and Another v Avery: CA 12 Jul 2007

The claimants appealed the award of only nominal damages after they succeeded in their claim against their solicitors for negligence in their conduct of the defence of a mortgage possession action.
Held: The appeal failed. The judge was correct to find that the claimants would not have received continuing support for the business. ‘There is no hard and fast rule in negligence cases that the measure of the loss is to always be identified by reference to, and quantified as at, the date of the breach of duty. It depends; it turns on the facts and the application to them of common-sense, an essentially evaluative role for the judge of first instance.’

Citations:

[2007] EWCA Civ 711

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Cited – Galoo Ltd and Others v Bright Grahame Murray CA 21-Dec-1993
It is for the Court to decide whether the breach of duty was the cause of a loss or simply the occasion for it by the application of common sense. A breach of contract, to found recovery, must be shown to have been ‘an ‘effective’ or ‘dominant’ . .
Cited – Clement v Dixon Jones CA 2005
In a professional negligence claim where the claimant alleges negligence in defending a mortgagee possession action, and the claim engages the loss of chance principle, the question is not as to the likely outcome of the possession claim had it been . .
Cited – Smith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
Cited – Standard Chartered Bank v Pakistan National Shipping Corporation and Others (No 3) ComC 27-May-1998
A company making a false statement on a bill of lading would be held liable for the tort of deceit when it knew that the bill must be relied upon by bankers and others making arrangements on its contents. A claimant ‘cannot recover for a loss . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 12 December 2022; Ref: scu.254570

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 professional negligence, and claimed many millions of pounds. The defendant denied negligence and said that if negligence was found, the claimants were contributorily negligent.
Held: The defendant solicitors had been negligent in not obtaining the guarantees, but even had they been requested, they would not have been given, and the claimants would not have insisted on them. The damages were therefore to be reduced by 75% for contributory negligence. The defendants were liable as to damages of andpound;2.00.

Judges:

Rimer J

Citations:

[2006] EWHC 1462 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Carlton Communications Plc, Granada Media Plc v The Football League ComC 1-Aug-2002
The applicants sought a declaration that they had not provided guarantees to support a contract between a joint venture company owned by them, OnDigital, and the respondent to screen football matches. The company had become insolvent.
Held: . .
Cited – Midland Bank Trust Co Ltd v Hett Stubbs and Kemp (a firm) ChD 1978
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Cited – Racecourse Association and others v Office of Fair Trading CAT 2-Aug-2005
. .
Cited – Pickersgill and Another v Riley PC 25-Feb-2004
PC (Jersey) The solicitor appealed a finding of negligence. He had failed to advise his client when he acted as a guarantor for a proposed assignee of a lease that the company may be a shell company. It had been . .
Cited – Clark Boyce v Mouat PC 4-Oct-1993
(New Zealand) No duty of wisdom is owed to client in full command of his faculties by a lawyer. If the client requires only action from his lawyer, that is what is required. Informed consent can be sufficient to allow a solicitor to act for two . .
Cited – Reeves v Thrings and Long CA 1996
Solicitors were sued for failing to advise their client fully as to the wisdom of the transaction he was entering into. The client was an experienced businessman.
Held: The claim failed.
Hobhouse LJ said: ‘Once Mr Reeves was told what the . .
Cited – Saif Ali v Sydney Mitchell and Co (a Firm) HL 1978
Extent of Counsel’s Immunity in Negligence
The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings.
Held: A barrister’s immunity from suit extended only to . .
Cited – Carradine Properties Ltd v DJ Freeman and Co CA 1982
(From 1982) It was alleged that solicitors should have asked their property company client whether it had public liability insurance which would have covered the company’s liability for damage caused by its demolition contractors to a third party. . .
Cited – Feakins v Burstow and Another QBD 8-Sep-2005
Action against a solicitor for alleged negligence. . .
Cited – Ball v Druces and Attlee (A Firm) (No 2) QBD 22-Jun-2004
. .
Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Cited – 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 . .
Cited – Bown v Gould and Swayne CA 1996
Millett LJ commented that if a judge needed assistance with regard to conveyancing practice the proper way was to cite the relevant textbooks. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 12 December 2022; Ref: scu.242730

Larkham v Lynch: 1974

The plaintiff had sustained serious injuries and sought damages. One item of special damages was a sum for loss of pension between the age of 60, when he would have retired, and the age of 65, which was the limit of his life expectancy as a result of the accident. It was not disputed that no deduction could be made in respect of his incapacity pension receipts before his normal retirement age of 60 because of the decision in Parry v. Cleaver. But it was said that after that date the amounts which he would have received in the aggregate up to the age of 60 could then be brought into account against his claim for the loss of the pension payable to him after that age. There was no dispute that the amounts which he would have received up to the age of 60, when taken together with a lump sum which he had received in commutation of part of his pension when he was awarded the incapacity pension, were sufficient to wipe out entirely his claim for pension loss.
Held: The court rejected the defendants’ argument, which did not pay true attention to what a pension is, namely that it is the deferred payment for current work. But the main reason was that, had the amounts alleged to be deductible been in fact deductible, then the similar process would have been applied in Parry v. Cleaver. It was almost beyond comprehension that, if in Parry v. Cleaver there had been a sum of money to be regarded as having remained on ice until the age when the plaintiff would have retired from the police, it would not have been deducted from his claim for loss of pension after that date.

Judges:

Brabin J

Citations:

[1974] 2 Lloyd’s Rep 544

Jurisdiction:

England and Wales

Citing:

Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Cited by:

Cited – Longden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 12 December 2022; Ref: scu.237505

Longden v British Coal Corporation: CA 1995

The plaintiff sought damages after being injured at work. The defendant sought to set off against the damages to be awarded sums received by way of a collateral benefit.
Held: Roch LJ said: if the plaintiff were not permitted to recover the difference between the retirement pension he would have enjoyed after the normal retirement age and the incapacity pension, the tortfeasor would enjoy an advantage, namely the saving which he would make on the calculation of the loss of earnings which left the pension contributions out of account in computing the net loss. He saw this as being necessary in order to ensure that there was no element of double recovery. As to the dicta of Lord Wilberforce in Dews: ‘This observation makes it clear, in my opinion, that payments of disability pension preceding the date on which Mr. Parry would have retired from the police service in the normal course of events, had the accident not occurred, were not to be taken into account in computing the damages for loss of pension.’

Judges:

Roch LJ

Citations:

[1995] ICR 957

Jurisdiction:

England and Wales

Citing:

Cited – Dews v National Coal Board HL 1988
The plaintiff miner sought damages for an injury suffered at work.
Held: An employee who had been injured at work could not recover unpaid pension contributions, which had no effect on his pension entitlement, as part of his loss of pay while . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Cited by:

Cited – Longden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
Appeal from – Longden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 12 December 2022; Ref: scu.237506

Dixon v Were: QBD 26 Oct 2004

The claimant and others were being driven by the defendant. All had drunk, and none wore seat belts. The claimant sought damages for his injuries. General damages were agreed, and the issue was as to loss of future earnings.
Held: The claimant had not provided sufficient evidence to establish a loss of future high earnings. He did retain some capacity, but would have to receive some forms of nursing care.

Judges:

Gross J

Citations:

[2004] EWHC 2273 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Herring v Ministry of Defence CA 10-Apr-2003
The claimant had suffered serious injury in a parachuting accident which deprived him of the opportunity of pursuing his chosen career in the police force. The judge found ‘to the extent of virtual certainty’ that he would have applied to join the . .
Cited – Mallett v McMonagle HL 1970
The House discussed the role of the court in assessing future losses. Lord Diplock: ‘The role of the court in making an assessment of damages which depends upon its view as to what will be and what would have been is to be contrasted with its . .
Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
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 – 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 – 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 – White v Fell 12-Nov-1987
The court was asked to decide whether the claimant had been incapable of managing her property and affairs in the context of a Limitation Act defence.
Held: There are three features to which it is appropriate to have regard when assessing a . .
Cited – Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1) CA 19-Dec-2002
Capacity for Litigation
The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the . .
Cited – Woodrup v Nicol CA 1993
To decide the reasonableness of private medical and related expenses, regard must be had to section 2(4) [of the 1948 Act], which entails: ‘if, on the balance of probabilities, a plaintiff is going to use private medicine in the future as a matter . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 12 December 2022; Ref: scu.218854

Jackson and Another v Royal Bank of Scotland: HL 27 Jan 2005

The claimants sought damages, alleging that a breach of contract by the defendant had resulted in their being unable to earn further profits elsewhere. The defendant said the damages claimed were too remote. The bank had, by error, disclosed to one customer the mark up being taken by the claimant company which had acted as importer.
Held: The Court of Appeal had wrongly applied the rule in Hadley v Baxendale. The court should look to what was by the parties expected at the time they made the contract. The House declined to return the case to the court at first instance to reassess damages

Judges:

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood

Citations:

[2005] 1 WLR 377, [2005] UKHL 3, Times 02-Feb-2005, [2006] 1 AC 262, [2005] 4 All ER 1253

Links:

Bailii, House of Lords

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 . .
Appeal from – Jackson and Davies (Trading As Samson Lancastrian) v Royal Bank of Scotland CA 28-Jun-2000
In error, the bank disclosed to one customer, the mark up being taken by another in selling on goods to that first customer. The second customer went to make its purchasers direct, and the first customer sought damages from the bank. The bank . .
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 – 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 – 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 – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
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 by:

Appealed to – Jackson and Davies (Trading As Samson Lancastrian) v Royal Bank of Scotland CA 28-Jun-2000
In error, the bank disclosed to one customer, the mark up being taken by another in selling on goods to that first customer. The second customer went to make its purchasers direct, and the first customer sought damages from the bank. The bank . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 12 December 2022; Ref: scu.222051

Ezekiel v McDade: CA 1995

As a result of the negligence of their builders, the plaintiffs were rendered homeless persons living in single room council accommodation for a long period. The builder appealed an award of andpound;6,000.
Held: The award should be reduced to andpound;4,000 for general damages for physical inconvenience and discomfort caused by the defendants’ negligence and for mental suffering directly related to it.

Citations:

[1995] 47 EG 150

Jurisdiction:

England and Wales

Citing:

Cited – Watts and Co v Morrow CA 30-Jul-1991
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his . .

Cited by:

Distinguished – Boynton and Another v Willers CA 3-Jul-2003
The appellants challenged a finding that they were liable for their builders’ bill.
Held: Work which had been rejected had not in fact been charged for. The defendant’s appeal on that point failed. The measure of damages for distress and . .
Lists of cited by and citing cases may be incomplete.

Damages, Construction

Updated: 12 December 2022; Ref: scu.184246

Herring v Ministry of Defence: CA 10 Apr 2003

The claimant had suffered serious injury in a parachuting accident which deprived him of the opportunity of pursuing his chosen career in the police force. The judge found ‘to the extent of virtual certainty’ that he would have applied to join the police when the time was right, probably when he was aged 30, and that there was a strong likelihood that his application would have been successful. The claimant sought damages for personal injuries. The issue at appeal was how the future loss of earnings was to be calculated to allow for the anticipated career. The claimamt complained that the judge had applied too great a discount to the normal Ogden Tables.
Held: The court had to look to the most likely future career and earnings of the claimant. Where he was not yet in an established job, it might be possible to select an appropriate career model and apply an appropriate multiplicand. If not an average earnings figure could be applied. Where it was to be based upon a specified anticipated career, the chance of leaving that career might not be significant where he could expect similar remuneration elsewhere. Such assessments had not traditionally involved percentage calculations for loss of a chance based on the acts of third parties. Where a specified career was envisaged, the percentage reduction method would normally be inappropriate. It should not have been used here, and the reduction in the multiplier was itself reduced, increasing the award.

Judges:

Lord Justice Potter Lord Justice Tuckey Mr Justice Wall

Citations:

[2003] EWCA Civ 528, Times 11-Apr-2003, Gazette 19-Jun-2003, [2004] 1 All ER 44

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
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 – 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 by:

Cited – Dixon v Were QBD 26-Oct-2004
The claimant and others were being driven by the defendant. All had drunk, and none wore seat belts. The claimant sought damages for his injuries. General damages were agreed, and the issue was as to loss of future earnings.
Held: The claimant . .
Cited – Brown v Ministry of Defence CA 10-May-2006
Claim for injury suffered whilst training in Army. The claimant was committed to a career in the Army, and had anticipated promotion. She complained that her loss of pension rights had been calculated at a rate to reflect an average length career. . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 12 December 2022; Ref: scu.180706

Hunter v British Coal Corporation, Cementation Mining Company: CA 11 Feb 1998

A workman, who did not see an accident, but suffered shock after thinking that he had caused the death, was not able to recover damages. His injury was too remote from the accident.

Citations:

Times 27-Feb-1998, Gazette 25-Mar-1998, [1998] EWCA Civ 205, [1998] 2 All ER 97

Links:

Bailii

Jurisdiction:

England and Wales

Damages, Personal Injury

Updated: 09 December 2022; Ref: scu.143683

Harrison and Another v Bloom Camillin: ChD 28 Oct 1999

When assessing the losses suffered by a plaintiff alleging that, through the professional negligence of his solicitors, he had lost the opportunity to pursue a similar action against his accountants, it was right to acknowledge, and allow for the fact that the vast majority of such actions came to be settled rather than going to full trial. The damages should reflect the uncertainties of litigation. The issue of law which would have arisen in the lost action should be treated as a question of fact in this dependent action.

Judges:

Neuberger J

Citations:

Gazette 25-Nov-1999, Times 12-Nov-1999, (2001) PNLR 195

Jurisdiction:

England and Wales

Citing:

Cited – Kitchen v Royal Air Force Association CA 1958
The plaintiff’s husband, a member of the RAF, was electrocuted and killed in the kitchen of his house. A solicitor failed to issue a writ in time and deprived the plaintiff of the opportunity to pursue court proceedings.
Held: Damages were not . .
Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Cited – Mount v Barker Austin (a Firm) CA 18-Feb-1998
The plaintiff sought damages for professional negligence from his former solicitors in respect of their conduct of a claim on his behalf. He succeeded, but was awarded no damages because the judge had found that his action would be bound to fail. He . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 09 December 2022; Ref: scu.81257

Crimpfil Ltd v Barclays Bank Plc: CA 16 Feb 1995

The bank appealed against an interim award of a substantial sum for damages for having arbitrarily withdrawn the plaintiff’s loan facilities.
Held: The judge had heard the evidence and considered it, and was entitled to take his own view, even though substantial questions might arise at trial. The rules gave him a wide discretion which had exercised carefully and fairly. Interim damages will usually limited to what was certain to be recovered, but this was not specified to be so in the court rules.

Judges:

Nourse LJ, Waite LJ, Sir Tasker Watkins

Citations:

Times 24-Feb-1995, Ind Summary 27-Mar-1995, [1995] CLC 385

Statutes:

Rules of the Supreme Court O.29

Jurisdiction:

England and Wales

Damages

Updated: 09 December 2022; Ref: scu.79671

First Interstate Bank of California v Cohen Arnold and Co: CA 11 Dec 1995

If a guarantor’s negligent accountant had not misled the bank by misrepresenting his client’s wealth, the bank would have demanded repayment of its secured loan on 30th June 1990. In the event it did not realise the true position until 17th August. The judge held that if it had not been misled the bank would probably have achieved a satisfactory sale of the secured property in a falling market by the end of September in the sum of pounds 2.7 billion, and he awarded the whole of that sum by way of damages (subject to giving credit for the much lower sale price actually achieved). This court held that he had adopted the wrong approach. ‘. . there was a confusion between causation and damages and a failure to separate out those matters which had to be proved on the balance of probabilities, those which depended upon finding that chances were substantial, and finally the evaluation of the chance itself.’ Damages for loss of chance were recoverable, but must be substantial not speculative.

Judges:

Ward LJ

Citations:

Times 11-Dec-1995, [1996] PNLR 45

Jurisdiction:

England and Wales

Cited by:

Cited – Equitable Life Assurance Society v Ernst and Young CA 25-Jul-2003
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 09 December 2022; Ref: scu.80556

Winrow v Hemphill and Another: QBD 6 Oct 2014

The claimant had been injured in a road traffic accident in Germany. Liability being admitted, the court now asked whether damages should be assessed according to UK or German law. The claimant was a UK national but had been resident in Germany with her husband for several years.

Judges:

Slade DBE

Citations:

[2014] EWHC 3164 (QB)

Links:

Bailii

Statutes:

Council Regulation on Jurisdiction No. 44 of 2001, Regulation (EC) No. 864/2007 4(1)

Jurisdiction:

England and Wales

Personal Injury, Damages, International

Updated: 09 December 2022; Ref: scu.537358

Syrett v Carr and Neave: 1990

The plaintiff sought damages for a negligent survey.
Held: On the particular facts, it was reasonable for the plaintiffs not to sell but to repair the property and seek the cost of such repairs.

Citations:

[1990] 2 EGLR 161

Jurisdiction:

England and Wales

Cited by:

Cited – Watts and Co v Morrow CA 30-Jul-1991
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 09 December 2022; Ref: scu.259567

O’Brien Homes Limited v Lane: 5 Feb 2004

The court at first instance had considered what to award by way of damages for breach of a restrictive covenant and set a sum of pounds 150,000 out of an anticipated profit of pounds 280,000.
Held: The calculation of the gross profit might be challenged, but not to such an extent as to suggest that the award was incorrect.

Judges:

David Clarke J

Citations:

[2004] EWHC 303 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Small v Oliver and Saunders (Developments) Ltd ChD 25-May-2006
The claimant said his property had the benefit of covenants in a building scheme so as to allow him to object to the building of an additional house on a neighbouring plot in breach of a covenant to build only one house on the plot. Most but not all . .
Cited – Harris v Williams-Wynne ChD 11-Feb-2005
The parties agreed in sale agreement for a plot of land that the buyer would not erect any additional building. He did so, and when he came to try to sell it the original vendor objected. The purchaser’s solicitors registered the agreement for sale. . .
Lists of cited by and citing cases may be incomplete.

Damages, Land

Updated: 09 December 2022; Ref: scu.242396

Whitelegg v Richards: 1823

A debtor had been imprisoned to coerce him to pay his debt to the plaintiff. The defendant, a court clerk, ordered him to be released. The plaintiff said this was ‘wrongfully and maliciously intending to injure the plaintiff’. Abbott CJ recorded: ‘On the argument before us, some authorities were quoted to shew, that an action upon the case may be maintained against an officer of a Court for a falsity or misconduct in his office, whereby a party sustains a special damage; and that, in this case, a damage was plainly shewn by the loss of the means of enforcing payment from the debtor, as in actions against sheriffs or gaolers for an escape. It is not necessary to repeat the authorities quoted. The general principle was not contraverted’. Damage was regarded as the gist of the action.

Judges:

Abbott CJ

Citations:

(1823) 2 B and C 45

Jurisdiction:

England and Wales

Cited by:

Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Lists of cited by and citing cases may be incomplete.

Torts – other, Damages

Updated: 09 December 2022; Ref: scu.239995

Fletcher v The Commissioners of Public Works in Ireland: 21 Feb 2003

(Irish Supreme Court)

Citations:

[2003] 1 IR 465

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
Lists of cited by and citing cases may be incomplete.

International, Personal Injury, Damages

Updated: 09 December 2022; Ref: scu.238197

Pentrehobyn Trustees (Trustees of Pentrehobyn Settlement) v National Assembly for Wales: LT 14 Nov 2002

LT COMPENSATION – land acquired for bypass – 17 years between announcement of scheme and entry – no planning permission to be assumed under statutory assumptions – whether planning permission for B1 development would have been granted – whether hope value – approach to these questions – whether cancellation assumption or no-scheme world – negative section 17 certificate – effect of this – held correct approach no-scheme world assumption – claimants failing to show permission would have been granted or hope value.

Citations:

[2002] EWLands ACQ – 116 – 2000

Links:

Bailii

Jurisdiction:

England and Wales

Land, Damages

Updated: 09 December 2022; Ref: scu.225719

Wilson v National Coal Board: HL 1981

A entire colliery closed down and all employees other than the pursuer were offered and accepted alternative employment, thus disqualifying them from receiving redundancy payments. The pursuer, who had been injured by the accident for which the defendants were responsible, was declared redundant and received such a payment.
Held: A redundancy payment is not compensation for a loss of future earnings but rather for the loss of a settled job. In calculating damages for his injuries, credit should be given for the redundancy payment on the application of the principles laid down in Parry v Cleaver [1969] UKHL 2; [1970] AC 1 and, in particular, the public policy consideration that otherwise employers would be tempted to dismiss workers on grounds of incapacity rather than redundancy, where those alternatives were open.

Judges:

Lord Keith of Kinkel

Citations:

1981 SC (HL) 9, 1981 SLT 67

Jurisdiction:

Scotland

Citing:

Approved – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .

Cited by:

Cited – Cantwell v Criminal Injuries Compensation Board HL 5-Jul-2001
When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, . .
Cited – Baldwin v British Coal Corporation QBD 11-May-1994
The employee had been selected for redundancy. In order for him to qualify for the employer’s supplementary redundancy scheme an arrangement was made whereby he was given short notice. As a result he received an additional pounds 5,000. He now . .
Lists of cited by and citing cases may be incomplete.

Damages, Employment

Updated: 09 December 2022; Ref: scu.219833

Hunt v R M Douglas (Roofing) Ltd: HL 1990

The plaintiff had an order ‘That the Defendants do pay to the Plaintiff his costs of this action . . to be taxed . . failing agreement’ and the House was asked as to the time from when he was entitled to interest.
Held: A litigant who has been awarded costs in an action is entitled to interest on subsequently taxed costs from the date of judgment, and the same principle applies where there is a consent order, the relevant date being the date of the stay. Historically interest has always been awarded on costs generally from the date of judgment, and no distinction has ever been made between different types of costs, for example, costs of the action or of taxation. As to the incipitur rule: ‘It is the unsuccessful party to the litigation who, ex hypothesi, has caused the costs unnecessarily to be incurred. Hence the order made against him. Since interest is not awarded on costs incurred and paid by the successful party before judgment, why should he suffer the added loss of interest on costs incurred and paid after judgment but before the taxing master gives his certificate?’ (Lord Ackner)

Judges:

Lord Ackner

Citations:

[1990] 1 AC 398

Statutes:

Judgments Act 1838 17

Jurisdiction:

England and Wales

Cited by:

Cited – Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2) HL 27-Nov-1997
A surveyor’s negligent valuation had led to the plaintiff obtaining what turned out to be inadequate security for his loan. A cause of action against a valuer for his negligent valuation arises when a relevant and measurable loss is first recorded. . .
Cited – Thomas v Bunn HL 1991
From its enactment it was accepted that s 17 applied to orders for costs to be taxed – even though before taxation was completed there was no sum for which execution could be levied – and did so from the date of the order (the incipitur rule), not . .
Cited – Involnert Management Inc v Aprilgrange Limited and Others ComC 8-Oct-2015
Date from which interest was to run on principal damages award. . .
Lists of cited by and citing cases may be incomplete.

Costs, Damages

Updated: 09 December 2022; Ref: scu.183435

Hardwick v Hudson and Another: CA 18 May 1999

Where the wife of an injured party had to provide unpaid service to her husband’s business in his absence in order to keep that going, it was not possible to claim for her time as damages, since unlike a wife nursing her husband, the damage was too remote.

Judges:

Brooke LJ, Coleman J

Citations:

Gazette 03-Jun-1999, Times 20-May-1999, [1999] PIQR Q202, [1999] 1 WLR 1770, [1999] EWCA Civ 1428

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 09 December 2022; Ref: scu.146343

Platt and Others v London Underground Ltd: ChD 13 Mar 2001

A landlord let two properties at the same site to the same tenant, who operated two different businesses, one from each site. He unlawfully restricted access to the one site, and caused damage to that business, but in doing so, passers by were diverted to pass by the other business. Though liable for damages in respect of the loss of business at one site, he was able to claim by way of set off the consequent increase in profit at the other. This was so even though such a set off would not be available if the tenant had taken the second lease in the name of a different company. The one loss led predictably to the other gain.

Citations:

Times 13-Mar-2001, Gazette 26-Apr-2001, [2001] 2 EGLR 121

Jurisdiction:

England and Wales

Cited by:

Cited – Rees and Another v Windsor-Clive and Others CA 1-Jul-2020
Reservation Derogation construed normally
Construction of tenancy agreement – correct approach to reservations made in favour of the landlord. The landlord required access to the tenanted farm to allow survey work anticipating development of his adjoining land. The tenant now appealed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Damages

Updated: 09 December 2022; Ref: scu.84764

PQ (A Child) v Royal Free London NHS Foundation Trust: QBD 24 Jun 2020

Request for approval of settlement of claim

Judges:

Mr Justice Martin Spencer

Citations:

[2020] EWHC 1676 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – PQ (A Child : Anonymity) v Royal Free London NHS Foundation Trust (Anonymisation) QBD 22-Jun-2020
Liability only trial in which the court is to determine whether or not the defendant NHS Trust is liable to pay the claimant damages for breach of duty arising out of the circumstances of the claimant’s birth . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 07 December 2022; Ref: scu.652131

Noble v Owens: QBD 11 Mar 2008

The trial in this action is concerned with a number of issues going to the quantum of damages payable to the claimant (‘Mr Noble’) arising out of a road accident caused by the admitted negligence of the defendant.

Judges:

Field J

Citations:

[2008] EWHC 359 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 07 December 2022; Ref: scu.427042

Cobham Hire Services Ltd v Eeles: CA 13 Mar 2009

The court was asked what is the correct approach to the making of an interim payment in a heavy personal injury claim where the damages, when finally assessed, are likely to include one or more periodical payments orders pursuant to section 2 of the Damages Act 1996. The Act, as amended provided for the court to make an award of damages which could include one or more Periodical Payment Orders. This made it necessary to examine what was the correct approach to the making of an interim payment where the damages, when finally assessed, could include such orders.
Smith LJ described the approach which a judge should take when applications are made for an interim payment in a case in which the trial judge may wish to make a periodic payments order: ‘The judge’s first task is to assess the likely amount of the final judgment, leaving out of account the heads of future loss which the trial judge might wish to deal with by PPO. Strictly speaking, the assessment should comprise only special damages to date and damages for pain, suffering and loss of amenity, with interest on both. However, we consider that the practice of awarding accommodation costs (including future running costs) as a lump sum is sufficiently well established that it will usually be appropriate to include accommodation costs in the expected capital award. The assessment should be carried out on a conservative basis. Save in the circumstances discussed below, the interim payment will be a reasonable proportion of that assessment. A reasonable proportion may well be a high proportion, provided that the assessment has been conservative. The objective is not to keep the claimant out of his money but to avoid any risk of over-payment.
For this part of the process, the judge need have no regard as to what the claimant intends to do with the money. If he is of full age and capacity, he may spend it as he will; if not, expenditure will be controlled by the Court of Protection.
We turn to the circumstances in which the judge will be entitled to include in his assessment of the likely amount of the final judgment additional elements of future loss. That can be done when the judge can confidently predict that the trial judge will wish to award a larger capital sum than that covered by general and special damages, interest and accommodation costs alone. We endorse the approach of Stanley Burnton J in Braithwaite. Before taking such a course, the judge must be satisfied by evidence that there is a real need for the interim payment requested. For example, where the request is for money to buy a house, he must be satisfied that there is a real need for accommodation now (as opposed to after the trial) and that the amount of money requested is reasonable. He does not need to decide whether the particular house proposed is suitable; that is a matter for the Court of Protection. But the judge must not make an interim payment order without first deciding whether expenditure of approximately the amount he proposes to award is reasonably necessary. If the judge is satisfied of that, to a high degree of confidence, then he will be justified in predicting that the trial judge would take that course and he will be justified in assessing the likely amount of the final award at such a level as will permit the making of the necessary interim award.

Judges:

Dyson, Smith, Thomas LJJ

Citations:

[2009] EWCA Civ 204, [2009] CP Rep 29, [2009] PIQR P15, [2009] LS Law Medical 274

Links:

Bailii

Statutes:

Damages Act 1996 2

Jurisdiction:

England and Wales

Cited by:

Cited – Preston v City Electrical Factors Ltd and Another QBD 13-Nov-2009
The claimant had received andpound;100,000 in interim payments on his personal injury claim, and now sought a further similar sum.
Held: The claim was thought substantial, but the defendants said that any final award would include an . .
Cited – Brown ( A Minor) v Emery QBD 4-Mar-2010
The court considered an application for an interim payment to fund the purchase of suitable accommodation in which the child claimant might spend periods of time with her parents and sibling and ultimately reside on discharge, at a cost of . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 07 December 2022; Ref: scu.317974

Harvey v R G O’Dell Ltd: 1958

Citations:

[1958] 2 QB 78

Jurisdiction:

England and Wales

Cited by:

Cited – Ronex Properties v. John Laing Construction Ltd CA 1983
The court considered a claim for contribution between tortfeasors. Donaldson LJ said: ‘The starting point of this submission is that a cause of action for contribution, under the Law Reform (Married Women and Tortfeasors) Act 1935, arises at the . .
Cited – Aer Lingus v Gildacroft Ltd and Another CA 17-Jan-2006
The claimant had been found liable to pay damages for personal injury, and now sought contribution from the defendants. The defendants said that they were out of time since the contribution action had been commenced more than 2 years after the . .
Lists of cited by and citing cases may be incomplete.

Limitation, Damages

Updated: 07 December 2022; Ref: scu.238755

Firth v George Ackroyd Junior Ltd: 2000

Citations:

[2000] Lloyds Med Rep 313

Jurisdiction:

England and Wales

Cited by:

Cited – A v The Archbishop of Birmingham QBD 30-Jun-2005
Assessment of damages following child abuse by Catholic priest.
Held: General damages of andpound;50,000 were in line with Coxon and were approved. A had not been shown to be, and is not, incapable of managing his affairs. The court differed . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 07 December 2022; Ref: scu.228418

Russell Mitchell v Ryan Alasia: 2005

The court considered whether the claimant, whom the Court of Protection had decided was a patient and in respect of whom a Receiver had been appointed, was and would continue to be one. The court concluded that, in the context of pursuing his claim for compensation, he was a patient, but that he would not continue a patient indefinitely and would cease to be one three years after the trial. She awarded a sum in respect of the costs of the receivership likely to be incurred during that period.

Judges:

Cox, J

Citations:

[2005] EWHC 11

Jurisdiction:

England and Wales

Cited by:

Cited – A v The Archbishop of Birmingham QBD 30-Jun-2005
Assessment of damages following child abuse by Catholic priest.
Held: General damages of andpound;50,000 were in line with Coxon and were approved. A had not been shown to be, and is not, incapable of managing his affairs. The court differed . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 07 December 2022; Ref: scu.228421

The Gazelle: 1844

A vessel was damaged by collision. What was the amount to be paid to the owners of the damaged vessel for its repair?
Held: The measure of the indemnification to which the owner of the damaged vessel was entitled was co-extensive with the amount of the damage: ‘The right against the wrongdoer is for a restitutio in integrum, and this restitution he is bound to make without calling upon the party injured to assist him in any way whatsoever. If the settlement of the indemnification be attended with any difficulty (and in those cases difficulties must and will frequently occur), the party in fault must bear the inconvenience. He has no right to fix this inconvenience upon the injured party; and if that party derives incidentally a greater benefit than mere indemnification, it arises only from the impossibility of otherwise effecting such indemnification without exposing him to some loss or burden, which the law will not place upon him.’ It is not open to the wrongdoer to require the injured party to bear any part of the cost of obtaining such indemnification for his loss as will place him in the same position as he was before the accident.

Judges:

Dr Lushington

Citations:

(1844) 2 W Rob 279

Jurisdiction:

England and Wales

Cited by:

Cited – Lagden v O’Connor HL 4-Dec-2003
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought . .
Cited – Bacon v Cooper (Metals) Ltd 1982
A machine, a fragmentiser was broken. The defendant had supplied unsuitable scrap to be fed into the machine in breach of contract. The rotor had broken which would normally have had a life of 7 years of which it had nearly four years to run. The . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 07 December 2022; Ref: scu.188637

Pennard Dock Engineering Co Ltd v Pounds: 1963

Citations:

[1963] 1 LI 359

Jurisdiction:

England and Wales

Cited by:

Cited – Surrey County Council v Bredero Homes Ltd CA 7-Apr-1993
A local authority had sold surplus land to a developer and obtained a covenant that the developer would develop the land in accordance with an existing planning permission. The sole purpose of the local authority in imposing the covenant was to . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 07 December 2022; Ref: scu.193780

Benarr v Kettering Health Authority: 1988

Citations:

[1988] 138 NLJ 179

Jurisdiction:

England and Wales

Cited by:

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

Damages

Updated: 07 December 2022; Ref: scu.186893

Wellman Alloys Ltd v Russell: 1973

Only economic losses are recoverable following a dismissal.

Citations:

[1973] ICR 616

Jurisdiction:

England and Wales

Citing:

Followed – Norton Tool Co Ltd v Tewson NIRC 30-Oct-1972
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages.
Held: The common law rules and authorities on wrongful . .

Cited by:

Cited – Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association EAT 8-Apr-2003
EAT Unfair Dismissal – Compensation
In each case, The employee sought additional damages for non-economic loss after an unfair dismissal.
Held: The Act could be compared with the Discrimination Acts . .
Cited – Dunnachie v Kingston Upon Hull City Council CA 11-Feb-2004
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately . .
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, . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 07 December 2022; Ref: scu.183841

Griffiths v Evans: CA 1953

The parties disputed the terms on which the solicitor had been engaged, and in particular as to the scope of the duty undertaken by and entrusted to the solicitor as regards advising the client.
Held: Where there is a dispute between a solicitor and the client about the existence or the terms of an oral retainer the Court may give some preference to the client’s evidence.
Denning LJ, dissenting, said: ‘On this question of retainer, I would observe that where there is a difference between a solicitor and his client upon it, the courts have said, for the last 100 years or more, that the word of the client is to be preferred to the word of the solicitor, or, at any rate, more weight is to be given to it (see Crossley v. Crowther, per Turner V-C, and Re Paine, per Warrington J.). The reason is plain. It is because the client is ignorant and the solicitor is, or should be, learned. If the solicitor does not take the precaution of getting a written retainer, he has only himself to thank for being at variance with his client over it and must take the consequences.’ and
‘The general principle is that ‘a solicitor is the agent of his client in all matters that may reasonably be expected to arise for decision in the cause”.

Judges:

Denning LJ

Citations:

[1953] 2 All ER 1364, [1953] 1 WLR 1424

Jurisdiction:

England and Wales

Citing:

Cited – Crossley v Crowther 20-Nov-1851
A, who was an equitable mortgagee by deposit of deeds ot property belonging to the estate of B, was paid off by C, on an agreement with the executors of B. (as their solicitor stated) that proceedings should be taken in A’s name to enforce the . .

Cited by:

Cited – Jarvis v Swans Tours Ltd CA 16-Oct-1972
The plaintiff had booked a holiday through the defendant travel tour company. He claimed damages after the holiday failed to live up to expectations.
Held: In appropriate cases where one party contracts to provide entertainment and enjoyment, . .
Cited – Midland Bank Trust Co Ltd v Hett Stubbs and Kemp (a firm) ChD 1978
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Cited – Glyn v McGarel-Groves CA 14-Jul-2006
The claimant had employed a French veterinary surgeon to treat her horse ‘Anna’. She engaged the defendant English veterinary surgeon to attend the treament and observe. The horse died at the principal negligence of the French vet. The English vet . .
Cited – Sibley and Co v Reachbyte Ltd and Another ChD 4-Nov-2008
Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a . .
Lists of cited by and citing cases may be incomplete.

Negligence, Damages, Legal Professions

Updated: 07 December 2022; Ref: scu.186347

Redrow Homes Ltd and others v Bett Brothers Plc and others: HL 22 Jan 1998

Additional damages under section 97 of the 1988 Act, can only be awarded with compensatory damages, not with a claim for damages under section 96.

Citations:

Times 26-Jan-1998, Gazette 11-Feb-1998, [1998] 1 All ER 385, [1998] UKHL 2, [1999] AC 197, [1998] 2 WLR 198

Links:

House of Lords, Bailii

Statutes:

Copyright Designs and Patents Act 1988 97

Jurisdiction:

England and Wales

Citing:

Appeal from – Redrow Homes Ltd v Bett Brothers Plc IHCS 2-May-1997
A pursuer in an action for breach of copyright must take either an account of profits or additional damages but not both. . .
Overruled – Cala Homes (South) Ltd and Others v Alfred Mcalpine Homes East Ltd (No 2) ChD 30-Oct-1995
A plaintiff may claim damages under section 97(2) in addition to claiming an account of profits, as his primary remedy. A person claiming joint rights in the copyright as author must contribute to the ‘production’ of the work and create something . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Scotland, Damages

Updated: 07 December 2022; Ref: scu.158933

Cala Homes (South) Ltd and Others v Alfred Mcalpine Homes East Ltd (No 2): ChD 30 Oct 1995

A plaintiff may claim damages under section 97(2) in addition to claiming an account of profits, as his primary remedy. A person claiming joint rights in the copyright as author must contribute to the ‘production’ of the work and create something protected by copyright which finds its way into the finished work. There is no restriction on the way in which a joint author’s contribution may be funnelled into the finished work, and in particular that there is no requirement that each of the authors must have exercised penmanship.
The fact that there are numerous similar works produced by the author does not mean that he does not have to prove that one or more discrete copyright works have been copied.

Judges:

Ladde J

Citations:

Ind Summary 30-Oct-1995, [1995] FSR 36

Statutes:

Copyright Designs and Patents Act 1988 97(2)

Jurisdiction:

England and Wales

Citing:

See Also – Cala Homes (South) Ltd and others v Alfred McAlpine Homes East Ltd ChD 6-Jul-1995
The plaintiff alleged that the defendant had copied its house designs after a senior employee involved in creating the designs left and eventually came to work for the defendant. The plaintiff alleged that the copying was flagrant allowing . .

Cited by:

Cited – Sean Sweeney, Graham Edward Camps v Macmillan Publishers Limited, Danis Rose ChD 22-Nov-2001
The claimants were trustees of the estate of James Joyce, and complained at the publication of unpublished parts of the work Ulysses in a readers edition by the defendants. Published works are protected for fifty years after the author’s death, but . .
Cited – Robin Ray v Classic FM Plc PatC 18-Mar-1998
Contractor and Client Copyrights
The plaintiff had contributed a design for a system of classifying and selecting tracks to be played on a radio station. He did so under a consultancy contract.
Held: A Joint authorship claim required that the contributor had made some direct . .
Cited – IPC Media Ltd v Highbury-Leisure Publishing Ltd ChD 21-Dec-2004
The claimant magazine publisher alleged breach of copyright by the defendant in their magazine, as to the cover page designs used. It was not clear just which cover was said to have been copied.
Held: The first step in a copyright action is . .
Cited – Phonographic Performance Ltd v Ellis (T/A Bla Bla Bar) CA 18-Dec-2018
Additional infrimgement damages were not a fine.
The Society had succeeded in its claim of copyright infringement. The defendant having continued his breaches, it sought additional damages and committal for contempt. Having granted the committal the trial judge declined to award additional . .
Overruled – Redrow Homes Ltd and others v Bett Brothers Plc and others HL 22-Jan-1998
Additional damages under section 97 of the 1988 Act, can only be awarded with compensatory damages, not with a claim for damages under section 96. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 07 December 2022; Ref: scu.78830

Redrow Homes Ltd v Bett Brothers Plc: IHCS 2 May 1997

A pursuer in an action for breach of copyright must take either an account of profits or additional damages but not both.

Citations:

Times 02-May-1997

Statutes:

Copyright Designs and Patents Act 1988 96(2) 97

Jurisdiction:

Scotland

Cited by:

Appeal from – Redrow Homes Ltd and others v Bett Brothers Plc and others HL 22-Jan-1998
Additional damages under section 97 of the 1988 Act, can only be awarded with compensatory damages, not with a claim for damages under section 96. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 07 December 2022; Ref: scu.85931

Star Energy UK Onshore Ltd and Another v Bocardo Sa: CA 15 Jun 2009

The appellant had taken out a licence to drill for oil on its land. To maximise its return it drilled at a deep level out under the claimant’s land. It now appealed against a finding that this was a trespass, and that it should pay damages on a licence basis.
Held: The drilling was a trespass for which damages would be payable. However there was no damage to the claimant’s land, and the damages were reduced to a nominal andpound;1000.
Aikens LJ said that it was logical to examine the question of whether there was a trespass as at July 2000 when, having taken account of the fact that the limitation period under section 2 of the Limitation Act 1980 for a claim in trespass is six years, the cause of action arose.

Judges:

Jacob, Aikens, Sullivan LJJ

Citations:

[2009] EWCA Civ 579, [2010] Ch 100, [2010] 1 All ER 26, [2009] 25 EG 136, [2009] 2 P and CR 23, [2009] 3 WLR 1010, [2009] NPC 78

Links:

Bailii

Statutes:

Petroleum (Production) Act 1934

Jurisdiction:

England and Wales

Citing:

Appeal from – Bocardo Sa v Star Energy UK Onshore Ltd and Another ChD 24-Jul-2008
The defendant had obtained a licence under the Act to extract oil from beneath its land. To do so, it had to drill at a deep level under the claimant’s land. It did so without the claimant’s permission. The claimant sought damages in trespass.

Cited by:

Appeal from – Star Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Lists of cited by and citing cases may be incomplete.

Land, Damages, Limitation

Updated: 06 December 2022; Ref: scu.346891

Lukin v Godsall: 1795

Where the person injured at the fault of the defendant reasonably goes to the expense of repairing his house, the tortfeasor may well be bound to pay the cost of repair less an allowance because new work takes the place of old.

Citations:

(1795) Peake Add Cas 15

Jurisdiction:

England and Wales

Cited by:

Cited – Philips v Ward CA 1956
The Plaintiff had relied on a negligent survey to purchase a substantial Elizabethan property and land. The report did not mention that the timbers of the house were badly affected by death watch beetle and worm so that the only course left to him . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 06 December 2022; Ref: scu.259568

H Cousins and Co Ltd v D and C Carriers: 1971

Citations:

[1971] 2 QB 233

Jurisdiction:

England and Wales

Cited by:

Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Cited – 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.

Damages

Updated: 06 December 2022; Ref: scu.238593

Sympson v Juxon: 1624

At first instance, judgment had wrongly given possession of land to the plaintiff. Upon successful appeal the defendant had his land restored along with profits made meanwhile: ‘for the plaintiff in the writ of error is to be restored to all that he lost.’

Citations:

(1624) Cro Jac 699

Jurisdiction:

England and Wales

Cited by:

Cited – Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2) CA 23-May-2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 06 December 2022; Ref: scu.242619

Havery v Sharman: 28 Feb 1964

Citations:

Unreported, 28 February 1964

Jurisdiction:

England and Wales

Cited by:

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

Damages

Updated: 06 December 2022; Ref: scu.237510

Zarraga v Newcastle upon Tyne Corporation: 1968

‘in assessing the business profits, no deduction should be made in respect of ‘wages’ of the claimant’s wife, notwithstanding a figure in respect thereof had been allowed for income tax purposes, since the wife could not fairly be classed as a ‘paid employee”.

Citations:

[1968] 19 P and CR 609

Jurisdiction:

England and Wales

Cited by:

Cited – Halil v London Borough of Lambeth LT 2-Mar-2001
LT COMPENSATION – compulsory acquisition of leasehold shop and premises – total extinguishment of business – disturbance – analysis of accounts – treatment of wife’s earnings – depreciation of capital assets – . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 06 December 2022; Ref: scu.230990

The Harmonides: 1903

The measure of damages for the loss of a profitable ship is to include its economic value: ‘So that the real test, where there is no market is, as counsel on both sides agree, what is the value to the owners as a going concern, at the time the vessel was sunk? You cannot get at this with any great certainty, for you cannot get at it from the market value. Possibly, for such a ship at such a time there would be no buyers and she would have to be sold for old iron. You cannot deal with it like an ordinary commodity being sold every day. You must look at it and see what is the loss to the owners. It has been pointed out that you may look at the original cost, plus the money expended on her, and so forth. That is of assistance, but it is not complete assistance, because it is a rough, and ready method. You may look and see also how the ship is paying. That, however, is not a complete test, because you cannot be sure that the way she has been paying will continue. But one tiling is absolutely certain – you cannot say the test is per market value.’

Judges:

Gorell Barnes J

Citations:

[1903] P 1

Jurisdiction:

England and Wales

Cited by:

Cited – Liesbosch Dredger (Owners of) v Owners of SS Edison, The Liesbosch HL 28-Feb-1933
The ship Edison fouled the moorings of the Liesbosch resulting in the total loss of the dredger when it sank. It had been engaged on work in the harbour under contract with the harbour board. All the owners’ liquid resources were engaged in the . .
Cited – Robot Arenas Ltd and Another v Waterfield and Another QBD 8-Feb-2010
The tenant company had defaulted under the lease, and the landlord had retaken possession. The landlord discarded the tenant’s possessions, and the tenant now sued, saying that the landlords as involuntary bailees owed duties to the proper owner. . .
Cited – Robot Arenas Ltd and Another v Waterfield and Another QBD 8-Feb-2010
The tenant company had defaulted under the lease, and the landlord had retaken possession. The landlord discarded the tenant’s possessions, and the tenant now sued, saying that the landlords as involuntary bailees owed duties to the proper owner. . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 06 December 2022; Ref: scu.188656

Hobbs v London and South Western Railway Co: 1875

The court considered an application for damages for inconvenience in a breach of contract case: ‘for the mere inconvenience, such as annoyance and loss of temper, or vexation, or for being disappointed in a particular thing which you have set your mind upon, without real physical inconvenience resulting, you cannot recover damages. That is purely sentimental, and not a case where the word inconvenience, as I here use it, would apply.’ However the court upheld an award to a husband and wife for the inconvenience of having to walk home with young children four or five miles late on a drizzling night, although the wife’s catching of a cold was found too remote.

Judges:

Mellor J, Cockburn CJ, Blackburn J

Citations:

(1875) LR 10 QB 111

Jurisdiction:

England and Wales

Cited by:

Not Followed – Jarvis v Swans Tours Ltd CA 16-Oct-1972
The plaintiff had booked a holiday through the defendant travel tour company. He claimed damages after the holiday failed to live up to expectations.
Held: In appropriate cases where one party contracts to provide entertainment and enjoyment, . .
Cited – Wiseman v Virgin Atlantic Airways Ltd QBD 29-Jun-2006
The claimant said that he was refused permission to board a flight by the defendants representative without paying a bribe, and was publicly humiliated for not doing so.
Held: Whilst the claimant could recover for his own additional expenses, . .
Applied – Bailey v Bullock 1950
The court awarded damages against solicitors for the inconvenience to the plaintiff of having to live in an overcrowded house. . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 06 December 2022; Ref: scu.181259

Forgie v Henderson: 1818

The pursuer was assaulted by the defender. During part of his resulting illness he received an allowance from a friendly society.
Held: In charging the jury, the Lord Chief said ‘I do not think that you can deduct the allowance from the Society, as that is of the nature of an insurance, and is a return of money paid’

Judges:

Lord Chief Commissioner Adam

Citations:

(1818) 1 Murray 413

Jurisdiction:

Scotland

Cited by:

Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 06 December 2022; Ref: scu.181850

Regina v Knowsley Metropolitan Borough Council, ex parte Maguire: 1990

Schiemann J said: ‘we do not have in our law a general right to damages for maladministration.’

Judges:

Schiemann J

Citations:

(1992) 90 LGR 653

Jurisdiction:

England and Wales

Cited by:

Cited – Hilda Amoo-Gottfried v Legal Aid Board (No 1 Regional Committee) CA 1-Dec-2000
The claimant appealed an order dismissing her claim for misfeasance in public office by the defendant, for the way in which they had mishandled her membership of duty solicitor rota schemes.
Held: The court discussed the requirements for . .
Lists of cited by and citing cases may be incomplete.

Damages, Administrative

Updated: 05 December 2022; Ref: scu.263462

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 subsidiary in consequence. The claimant sought to recover in a breach of contract action the loss caused to its subsidiary.
Held: The claim was allowed. The Prudential Assurance case did not bar the action.
Judge Hicks QC said: ‘Each scheme was criticised by the proponents of the other. Neither had been designed in full detail, so acceptance of either is, to some extent, dependent, first, on a judgment as to the ability of the designer, with the assistance of the specialist knowledge of the relevant manufacturer and a contractor experienced in using the system, to devise suitable detailed treatment of all the potential trouble-spots and, second, on an assessment of the guarantees and bonds offered by the manufacturer and contractor. Since Soladex would be so much the cheaper, and cannot be said to be the more detrimental to the appearance of the buildings – I should have thought, if anything, the reverse – it must clearly be preferred unless the criticisms of its expected effectiveness are, taking the above considerations into account, made good on the balance of probabilities.’

Judges:

Judge Hicks QC

Citations:

[1998] 61 ConLR 85, [1995] 1 BCLC 260

Jurisdiction:

England and Wales

Cited by:

Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 05 December 2022; Ref: scu.252497

Saint Line Limited v Richardsons Westgarth and Co.: 1940

A clause excluding liability for ‘any indirect or consequential damages or claims whatsoever’. A claim was made for for loss of profit.
Held: ‘What does one mean by ‘direct damage’? Direct damage is that which flows naturally from the breach without other intervening causes and independently of special circumstances, while indirect damage does not so flow. The breach certainly has brought it about, but only because of some supervening event or some special circumstances unknown to the seller.
In my judgment, the words ‘indirect or consequential’ do not exclude liability for that which is prima facie recoverable; that is, do not exclude liability for damages which are the direct and natural result of breaches complained of.’

Judges:

Atkinson J

Citations:

[1940] 2 KB 99

Jurisdiction:

England and Wales

Cited by:

Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Cited – 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.

Contract, Damages

Updated: 05 December 2022; Ref: scu.238574

Grant v Sun Shipping Co: 1947

Citations:

[1947-1951] CLC 6706

Statutes:

Law Reform (Contributory Negligence) Act 1945

Jurisdiction:

England and Wales

Cited by:

Distinguished – Tennant Radiant Heat Ltd v Warrington Development Corporation 1988
A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 05 December 2022; Ref: scu.194606

Redpath v Belfast and County Down Railway: CANI 1947

The plaintiff sought damages for personal injury. The defendant company sought to bring into account sums received by the plaintiff from a distress fund to which members of the public had contributed. Plaintiff’s counsel were said to having submitted: ‘that it would be startling to the subscribers to that fund if they were to be told that their contributions were really made in ease and for the benefit of the negligent railway company. To this last submission I would only add that if the proposition contended for by the defendants is sound the inevitable consequence in the case of future disasters of a similar character would be that the springs of private charity would be found to be largely if not entirely dried up.’
Held: Gifts made by others to relieve the distress of the plaintiff were not to reduce the damages payable by the defendant.

Judges:

Andrews CJ

Citations:

[1947] NI 167

Jurisdiction:

Northern Ireland

Cited by:

Approved – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Approved – Pirelli General Plc and others v Gaca CA 26-Mar-2004
The claimant was awarded damages from his employers, who claimed that the benefits received by the claimant from an insurance policy to which the defendants had contributed should be set off against the claim.
Held: McCamley was no longer good . .
Cited – Longden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 05 December 2022; Ref: scu.195723

Caledonian North Sea Ltd v London Bridge Engineering Ltd and Others: HL 7 Feb 2002

Substantial personal injury claims had been settled following the Piper Alpha disaster. Where a contractual indemnity had been provided under a contract, and insurance had also been taken out, but the insurance had not been a contractual requirement, those giving the contractual indemnity must bear the primary liability. The insurer could claim subrogation to the indemnity claim in respect of the same loss.

Judges:

Lord Bingham of Cornhill, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Hoffmann and Lord Scott of Foscote

Citations:

Times 13-Feb-2002, [2002] UKHL 4, [2002] 1 LLR 553, [2002] Lloyds Rep IR 261, [2002] 1 All ER (Comm) 321, 2002 SLT 278, [2002] CLC 741, 2002 SC (HL) 117, [2002] BLR 139, 2002 SCLR 346, 2002 GWD 6-178

Links:

House of Lords, Bailii

Jurisdiction:

Scotland

Citing:

Cited – Randal v Cockran 17-Jun-1948
An insurer who has fully indemnified an insured against a loss covered by a contract of insurance between them may ordinarily enforce, in the insurer’s own name, any right of recourse available to the insured. . .
Cited – Mason v Sainsbury 19-Apr-1782
A claim was made upon insurance after a riot. The court asked asked ‘Who is first liable?’ This was not an issue of chronology but of establishing where the primary responsibility lay to make good the loss. The Act laid the primary responsibility . .
Cited – London Assurance Company v SainsburyWood Immigration 28-Jun-1783
An insurance office having paid the assured the amount of the loss sustained by him in consequence of a demolishing by rioters, sued the hundredors under the stat. I G. 1, at. 2, e. 5, s. 6, in their own names. HeId by Lord Mansfield and Butler, J. . .
Cited – Yates v Whyte 1838
Plaintiff sued Defendants for damaging his ship by collision : Held, that Defendants were not entitled to deduct from the amount of damages to be paid by them, a sum of money paid to Plaintiff by insurers in respect of such damage. . .
Cited – Dickenson v Jardine CCP 1868
Goods had been insured for the voyage, but were jettisoned on it. The ship completed her voyage, and the owners of the goods became entitled to recover general average contribution from the other interests which had profited from the jettison. . .
Cited – North British and Mercantile Insurance Company v London Liverpool and Globe Insurance Company 1877
In a dispute between insurers as to who should bear the loss, it was held that the loss should be borne by the wharfinger’s insurer because ‘the primary liability’ was that of the wharfinger. The customary strict responsibility of a wharfinger for . .
Cited – Castellain v Preston CA 12-Mar-1883
The court emphasised the amplitude of the insurer’s right of subrogation which gave him ‘the advantage of every right of the assured, whether such right consists in contract, fulfilled or unfulfilled, or in remedy for tort capable of being insisted . .
Cited – Lord Napier and Ettrick and Another v Hunter and Others; Same v R F Kershaw Ltd HL 3-Mar-1993
Certain insureds sought recovery of a sum which was greater than the sum which had been paid to them by their insurers. The insureds had claimed first on the policies of insurance. Their claims had been met. The insureds then pursued an action in . .
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 – The Iron and Steel Fencing and Buildings Co 1891
The particular use of the goods in question on which the pursuers’ claim for loss was based was a use which was not within the contemplation of the parties to the contract at the time it was made, and therefore the proper level of damages was that . .
Cited – Sickness and Accident Assurance Association v General Accident Assurance Corporation Limited OHCS 1892
An insurance company, after paying to a tramway company a sum due under a policy insuring against loss by accident, raised an action in its own name against another insurance company for contribution on the ground that it had insured the same risk. . .
Cited – Larrinaga Steamship Co Ltd v The King HL 1944
The vessel, discharging at St. Nazaire, was ordered by charterers to return to Cardiff. Despite severely deteriorating weather conditions a Sea Transport Officer instructed the vessel to sail on completion of discharge to Quiberon Bay to join a . .
Cited – Scholefield Goodman and Sons Ltd v Zyngier PC 16-Aug-1985
(Victoria) By a mortgage executed in favour of the bank Mrs Zyngier covenanted to pay to the bank any sums which might be owed to it either by herself or by a named company, including any amounts for or in respect of any bills of exchange on which . .
Cited – Esso Petroleum Co Ltd v Hall Russell and Co Ltd (The Esso Bernicia) HL 1989
Lord Goff of Chieveley said: ‘In normal cases, as for example under contracts of insurance, the insurer will on payment request the assured to sign a letter of subrogation, authorising the insurer to proceed in the name of the assured against any . .
Cited – Hotel Services Ltd v Hilton International Hotels (Uk) Ltd CA 15-Mar-2000
. .
Appeal from – Caledonian North Sea Ltd v London Bridge Engineering Ltd and Others IHCS 2000
Lord Rodger: ‘Subrogation works by giving the insurer who indemnifies the assured the right to raise proceedings in his name and, by the very nature of the circumstances in which it comes into play, the proceedings by the insurer must necessarily be . .

Cited by:

Cited – Co-Operative Retail Services Limited and others v Taylor Young Partnership and others HL 25-Apr-2002
Whilst a substantial new building was being constructed, it was damaged by fire caused by the negligence of several contractors. The case concerned apportionment of liability.
Held: The appeal failed. The parties could by agreement vary the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Damages

Updated: 05 December 2022; Ref: scu.167608

Total Mauritius Ltd v Abdurrahman: PC 11 Nov 2015

Mauritius – The company appealed against an award of punitive damages as a severance allowance on the termination of the respondent’s employment. He was said to have competed with his employers business whilst employed by them. Gheld: The court discussed the distinction between ‘faute serieuse’ and ‘faute grave’ under Mauritian law.

Judges:

Lady Hale, Lord Wilson, Lord Hughes

Citations:

[2015] UKPC 45

Links:

Bailii

Jurisdiction:

England and Wales

Commonwealth, Employment, Damages

Updated: 04 December 2022; Ref: scu.554670

Sienkiewicz v Greif (UK) Ltd: CA 6 Nov 2009

The claimant was the daughter of a lady who died of mesothelioma. The defendant appealed saying that the judge had found that the exposure for which it was responsible had increased the risk above the background risk by only 18%, and this was insufficient to found liability.

Citations:

[2009] EWCA Civ 1159, [2010] QB 370, [2010] 2 WLR 951

Links:

Bailii

Statutes:

Compensation Act 2006 3

Jurisdiction:

England and Wales

Cited by:

Appeal from – Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore SC 9-Mar-2011
The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 04 December 2022; Ref: scu.377780

Prickett v Badger: 1856

Citations:

(1856) 1 CNS 296

Jurisdiction:

England and Wales

Cited by:

Doubted – Luxor (Eastbourne) v Cooper HL 1941
The vendor company had instructed agents to sell properties on its behalf and had agreed to pay commission on completion of the sale. The sale was agreed with a prospective purchaser introduced by the agents. Before the sale was completed, the . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 04 December 2022; Ref: scu.263808

Ogle v Vane: 1868

Citations:

[1868] 3 QB 272, [1867] LR 2 QB 275

Jurisdiction:

England and Wales

Cited by:

Cited – Johnson v Agnew HL 1979
The seller had obtained a summary order for specific performance of a contract for the sale of land against the buyer.
Held: The breach was continuing and was still capable of being remedied by compliance with the order for specific . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 04 December 2022; Ref: scu.263207

Coulls v Bagot’s Executor and Trustee Co Ltd: 21 Mar 1967

(High Court of Australia) The court considered an action for damages by a party to a contract to enforce an obligation intended to benefit another.
Held: Windeyer J: ‘ I can see no reason why in such cases the damages which A would suffer upon B’s breach of his contract to pay C $500 would be merely nominal: I think that in accordance with the ordinary rules for the assessment of damages for breach of contract they could be substantial. They would not necessarily be $500; they could I think be less or more.’

Judges:

Barwick C.J.(1), McTiernan(2), Taylor(3), Windeyer(4) and Owen(3) JJ

Citations:

(1967) 119 CLR 460

Links:

Austlii

Jurisdiction:

Australia

Citing:

Explained – Lloyd’s v Harper 1888
Lush LJ said: ‘ The next question which, no doubt, is a very important and substantial one, is, that Lloyds, having sustained no damage themselves could not recover for the losses sustained by third parties by reason of the default of Robert Henry . .

Cited by:

Cited – Beswick v Beswick HL 29-Jun-1967
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .
Lists of cited by and citing cases may be incomplete.

Contract, Damages

Updated: 01 December 2022; Ref: scu.251052

Gatewhite v Iberia Lineas Aereas de Espana SA: 1990

In a contract for the carriage of goods by air, the court considered whether the owner of goods who had not been named as the consignor or consignee on the air waybill was entitled to sue the carrier for damages to the goods while in transit.
Held: In the absence of express provision in the Convention excluding the owner’s right of action, the owner of goods damaged or lost by a carrier was entitled to sue in his own name in accordance with the lex fori and accordingly that the plaintiffs were entitled to damages to be assessed at common law.

Judges:

Gatehouse J

Citations:

[1990] 1 QB 326

Jurisdiction:

England and Wales

Cited by:

Cited – Sidhu and Others v British Airways Plc; Abnett (Known as Sykes) v Same HL 13-Dec-1996
The claimants had been air passengers who were unlawfully detained in Kuwait, when their plane was captured whilst on the ground on the invasion of Kuwait. They sought damages for that detention.
Held: There are no exceptions to the Warsaw . .
Distinguished – Abnett v British Airways Plc (Scotland) IHCS 28-Apr-1995
A passenger wrongfully detained in Kuwait, whilst travelling at the time when Iraq invaded Kuwait, only has right to claim damages under Warsaw Convention. . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 01 December 2022; Ref: scu.237240

Tennant Radiant Heat Ltd v Warrington Development Corporation: 1988

A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that since the roof was not comprised in any of the leases, there was an implied duty on it to repair the roof.
Held: There was no necessary implication of business efficacy to allow the implication of the term. The tenant was himself in breach for having failed to clear the outlet above his own property. The landlord was liable in nuisance for failing to clear the other rainwater outlets. The 1945 Act did not apply since the tenant’s failure was not tortious. Nevertheless, the tenant was liable as to 10%. ‘More importantly, however, for present purposes, the archaic and draconian rule of the common law which the 1945 Act was passed to override also has no application to the present case, since that rule had no relevance to a claim in, or in my judgment to a breach of, contract which was not also itself tortious. . . The problem which this court faces, on claim and counterclaim alike, is in my judgment a problem of causation of damage. On the claim, the question is how far the damage to its goods which the lessee has suffered was caused by the corporation’s negligence notwithstanding the lessee’s own breach of covenant. On the counterclaim, the question is how far the damage to the corporation’s building which the corporation has suffered was caused by the lessee’s breach of covenant, notwithstanding the corporation’s own negligence. The effect is that on each question, apportionment is permissible. This is the same result as the 1945 Act would produce, but it is not reached through the Act, because the obstacle which the 1945 Act was passed to override is not there on either claim or counterclaim in the present case.’ Croome-Johnson: ‘If the 1945 Act has no application, what is the position on the two claims? The evidence clearly indicates that the damage to the plaintiff’s premises was attributable to two concurrent causes, both operating contemporaneously. One was the defendant’s negligence and the other was the plaintiff’s breach of covenant . . . If the collapse had been caused by the combined negligence of the defendant and some third party, the plaintiff would have been entitled to recover all its damages from the defendant, leaving it to get contribution from its fellow tortfeasor . . . But that does not apply when the other cause comes from the plaintiff himself . . . A tenant who is in breach of his repairing covenant must pay for all the costs of repair or of the damage to the reversion. But the position is different if the covenantee is the selfsame landlord who has caused nine-tenths of the damage to the roof. . . . It is not possible, therefore, to allow both the claim and counterclaim in full and to set off the two awards of damages. Where one is dealing with two contemporaneous causes, each springing from the breach of a legal duty but operating in unequal proportions, the solution should be to assess the recoverable damages for both on the basis of causation.’

Judges:

Dillon LJ, Croom-Johnson LJ, Caulfield J

Citations:

[1988] 1 EGLR 41, [1988] 11 EG 71

Statutes:

Law Reform (Contributory Negligence) Act 1945

Jurisdiction:

England and Wales

Citing:

Distinguished – Barnes v City of London Real Property Co Ltd 1918
The landlord defendants had let various sets of rooms imposing on the tenants an obligation to pay a stated additional rent specifically for the cleaning of rooms by a house-keeper to be provided for the purpose. The agreements placed no express . .
Distinguished – Edmonton Corporation v Knowles (WM) and Son Ltd 1962
The court was able to imply from a provision in a lease obliging the tenant to pay to the landlords ‘the cost . . of painting in a workmanlike manner every third year of the term all outside wood and metal work and other external parts of the . .
Followed – Sleafer v Lambeth Borough Council CA 1959
The plaintiff held a weekly residential tenancy of the defendant local authority. The front door was defective and jammed. The tenancy agreement contained a covenant by the tenant to keep the flat in good and tenantable repair. When the tenant . .
Applied – Sedleigh-Denfield v O’Callaghan HL 24-Jun-1940
Occupier Responsible for Nuisance in adopting it
A trespasser laid a drain along a ditch on the defendant’s land. Later the defendants came to use the drain themselves. A grate was misplaced by them so that in a heavy rainstorm, it became clogged with leaves, and water flowed over into the . .
Cited – Leakey v The National Trust for Places of Historic Interest or Natural Beauty CA 31-Jul-1979
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater.
Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is . .
Followed – Hargroves, Aronson and Co v Hartopp CA 1905
The tenants of a building of which the defendants were landlords sought damages after a rainwater gutter became stopped up and the defendants failed to clear it out for a few days after receiving notice of the stoppage.
Held: The landlords . .
Distinguished – Grant v Sun Shipping Co 1947
. .
Distinguished – Forsikringsaktieselskapt Vesta v Butcher HL 1988
A contract of insurance and a facultative reinsurance, under which part of the original risk was reinsured, contained warranties in identical terms.
Held: The warranty in the reinsurance policy, which was governed by English law, should be . .

Cited by:

Cited – W Lamb Limited (Trading As The Premier Pump and Tank Company) v J Jarvis and Sons Plc TCC 31-Jul-1998
Contractors built a petrol station, and sub-contractors the underground piping. Leaks developed, and it was agreed to complete repairs, and apportion financial repairs through the court proceedings. In a case where a judge found it difficult to . .
Doubted – Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck) CA 1990
When a contract is to be construed purposively, the court must look to the purposes of both parties, not just one of them. No apportionment was to be applied under the 1945 Act: ‘Similarly, we think that the facts and circumstances of the present . .
Cited – Jackson v J H Watson Property Investment Ltd QBD 7-Jan-2008
The tenant claimant held under a 125 year lease of the defendant. A fault in a light well led to water ingress and damage. The fault was in the landlord’s land but not the flat. The tenant alleged a nuisance by the landlords. The landlord replied . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Nuisance, Damages

Updated: 01 December 2022; Ref: scu.182954

Wood v Carwardine: 2 Jan 1923

The court held that trivial services, the amount of which could be measured, did not amount to ‘attendance’ within the meaning of section 12(2)(i) of the 1920 Act. The rule had to be applied with robust vigour in favour of the tenant unless the protective object of the Act was to be substantially defeated.

Judges:

McCardie J

Citations:

[1923] 2 KB 185

Statutes:

Increase of Rent and Mortgage Interest (Restrictions) Act 1920 12(2)(I)

Jurisdiction:

England and Wales

Citing:

Dictum approved – Wilkes v Goodwin CA 1923
The supply of a cup of tea to a tenant each morning is not sufficient to constitute ‘board’ so as to take the tenancy out of statutory protection.
Unless the contrary intention appears, the law disregards certain things as de minimis. The . .

Cited by:

Cited – Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 30 November 2022; Ref: scu.260123

Charter v Sullivan: CA 25 Feb 1957

Judges:

Jenkins, Hodson, Sellers LJJ

Citations:

[1957] EWCA Civ 2, [1957] 2 QB 117, [1957] 2 WLR 528, [1957] 1 All ER 809

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Sony Computer Entertainment UK Ltd v Cinram Logistics UK Ltd CA 8-Aug-2008
Various items were deemed to have been lost whilst being transported by the defendants. The claimants sought damages based on the price for which they would have been sold. The defendants appealed a judgment on that basis.
Held: The carrier’s . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 30 November 2022; Ref: scu.262827

Technotrade Ltd v Larkstore Ltd: CA 27 Jul 2006

A claim was made for damages arising from building operations. Question as to legal effect of assignment of cause of action.

Judges:

Mummery, Rix, LJJ, Peter Smith J

Citations:

[2006] EWCA Civ 1079, [2006] 1WLR 2926

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Offer-Hoar, Technotrade Ltd and others v Larkstore Ltd, Bess Ltd TCC 2-Dec-2005
. .

Cited by:

Cited – Helmsley Acceptances Ltd v Hampton CA 11-Mar-2010
The claimant lender sought damages from an allegedly negligent valuation by the defendant. It had syndicated its loan, and the defendant now argued that it could only claim for that part of the loan for which it retained ownership.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 30 November 2022; Ref: scu.243980

Hatherley v Smith: SCS 1989

In a case involving the provision of a rent-free flat, counsel accepted that a benefit in kind may give rise to a loss of support on the death of the employee, but pleadings were still required.

Judges:

Lord McCluskey

Citations:

[1989] SLT 316

Jurisdiction:

Scotland

Cited by:

Cited – Carole Patricia Jones Or Smith and Co v J Smart (Contractors) Public Limited Company SCS 17-May-2002
The pursuers sought damages for the estate of the deceased, a former employee of the responders, and who had died from mesothelioma. The particular issues were the judges exclusion of certain heads of damages for lost support. The defenders had . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 30 November 2022; Ref: scu.182311

Scutt v Lomax: CA 4 Feb 1999

The claimant sought damages for trespass to two plots comprising about one fifth of an acre. They had over many years gardened it and tended it. The defendant had bulldozed the entire area.
Held: The diminution in the value of the land was not an appropriate measure of damages in respect of this trespass. The court considered the measure of damages in trespass: ‘Where trespass by the defendant has caused damage to the claimant’s land, the claimant may be entitled to the diminution in the value of the land or the reasonable cost of reasonable reinstatement, or in some cases a figure in between. All will depend on the circumstances of the particular case, but the authorities seem to me to establish the following general propositions.
1. The claimant will ordinarily be entitled to the diminution in value of the property unless the reasonable claimant would have reinstated the land at less cost.
2. The claimant who has in fact reinstated the property will ordinarily be entitled to recover the reasonable cost of doing so, even if the cost is greater that the diminution in value, unless he has acted unreasonably in reinstating the property.
3. Where the claimant has not yet reinstated the property, (subject to 4 and 5 below) he will ordinarily be entitled to recover the reasonable cost of reasonable reinstatement, even if it is greater than the diminution in value.
4. In assessing what is the reasonable cost of reasonable reinstatement, the court will consider whether the amount awarded is objectively fair; that is fair to both parties. In particular the court will not award a sum which is out of proportion to the benefit conferred on the claimant.
5. In assessing what steps it is reasonable to take by way of reasonable reinstatement, the court will take account of the cost of the reinstatement. Thus it may not be reasonable fully to reinstate the property because the cost of doing so may not be justified. All will depend on the circumstances of the particular case.’

Judges:

Judge, Tuckey LJJ

Citations:

[1999] EWCA Civ 717

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, Land

Updated: 30 November 2022; Ref: scu.145632

Manning v Hope (t/a the Priory): CA 8 Dec 1998

Where there was an award of damages for personal injuries arising under the Act, the judge was obliged to make some reference to the statutory duties under the Act and his findings relative to them. In the absence of a finding of a breach of duty, the judgment could not be allowed to stand.

Citations:

Times 18-Feb-2000, [1998] EWCA Civ 1930

Statutes:

Occupiers Liability Act 1984

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 30 November 2022; Ref: scu.145409

Johnson v Unisys Limited: CA 4 Dec 1998

The claimant had been dismissed. He said the manner of his dismissal had caused him to suffer a mental breakdown, and claimed for loss of earnings. He asserted a duty on an employer not to dismiss him in such a way as to infringe the duty of trust and confidence. He succeeded in a claim for unfair dismissal, but now sought additional damages.
Held: A claimant who suffered mental distress because of the manner of his dismissal was not entitled to damages. The loss was confined to the manner of dismissal, and did not flow from the breach of trust and confidence by the employer.

Judges:

The Master Of The Rolls, Lord Woolf, Lord Justice Hutchison, Lord Justice Tuckey

Citations:

Gazette 31-Mar-1999, [1998] EWCA Civ 1913, (1999) IRLR 90, [1999] 1 All ER 854, [1999] ICR 809

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Johnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 30 November 2022; Ref: scu.145392

Sion v Hampstead Health Authority: CA 27 May 1994

An amendment to pleadings was allowed after the limitation period had expired in order to add a claim based on the same facts. The claim was brought by the father of a young man injured in a motor cycle accident. For fourteen days the father stayed at his son’s bedside, watching him deteriorate in health and fall into a coma and then die. The father now appealed against an order striking out his claim.
Held: Appeal dismissed, finding that there was no trace in the medical report of ‘shock’ no sudden appreciation by sight or sound of a horrifying event. The report described a process continuing for some time, from first arrival at the hospital to the appreciation of medical negligence after the inquest. In particular the son’s death when it occurred was not surprising but expected. There was no reason in logic why a breach of duty causing an incident involving no violence or suddenness, such as where the wrong medicine is negligently given to a hospital patient, could not lead to a claim for damages for nervous shock, for example where the negligence has fatal results and a visiting close relative, wholly unprepared for what has occurred, finds the body and thereby sustains a sudden and unexpected shock to the nervous system.

Judges:

Peter Gibson LJ, Staughton LJ, Waite LJ

Citations:

Times 10-Jun-1994, [1994] 5 Med LR 170, [1994] EWCA Civ 26

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – North Glamorgan NHS Trust v Walters CA 6-Dec-2002
A new mother woke in hospital to see her baby (E) fitting. E suffered a major epileptic seizure leading to coma and irreparable brain damage. E was transferred to a London hospital and the following day the claimant was told by a consultant that E’s . .
Cited – Taylor v A Novo (UK) Ltd CA 18-Mar-2013
The deceased had suffered a head injury at work from the defendant’s admitted negligence. She had been making a good recovery but then collapsed and died at home from pulmonary emboli, and thrombosis which were a consequence of the injury. The . .
Cited – Paul and Another v The Royal Wolverhampton NHS Trust QBD 4-Jun-2020
Nervous shock – liability to third parties
The claimants witnessed the death of their father from a heart attack. They said that the defendant’s negligent treatment allowed the attack to take place. Difficult point of law about the circumstances in which a defendant who owes a duty of care . .
Lists of cited by and citing cases may be incomplete.

Limitation, Damages, Personal Injury, Litigation Practice

Updated: 30 November 2022; Ref: scu.89280

BritNed Development Ltd v ABB AB and ABB Ltd: CA 31 Oct 2019

Principles to be applied in the assessment of damages awarded to a victim of a cartel following a finding of a breach of competition law

Judges:

Lord Justice Henderson and Lady Justice Asplin

Citations:

[2019] EWCA Civ 1840, [2019] WLR(D) 610

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Damages, Commercial

Updated: 27 November 2022; Ref: scu.651066

Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017

Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was revealed.
Held: The accountants’ appeal succeeded. As a general rule ‘collateral benefits are those whose receipt arose independently of the circumstances giving rise to the loss’ and loss which has been avoided is not recoverable as damages, although expense reasonably incurred in avoiding it may be recoverable as costs of mitigation. To this there is an exception for collateral payments (res inter alios acta), which the law treats as not making good the claimant’s loss. It is difficult to identify a single principle underlying every case. In spite of what the Latin tag might lead one to expect, the critical factor is not the source of the benefit in a third party but its character. Broadly speaking, collateral benefits are those whose receipt arose independently of the circumstances giving rise to the loss.
In this case: ‘subrogation is not being invoked for its proper purpose, namely to replicate some element of the transaction which was expected but failed. It is being invoked so as to enable Mr Hunt to exercise for his own benefit the claims of Swynson in respect of an unconnected breach of duty under a different transaction between different parties more than two years earlier.’

Judges:

Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Sumption, Lord, Hodge

Citations:

[2017] UKSC 32, [2017] 3 All ER 785, [2017] 2 WLR 1161, [2017] 1 CLC 764, [2017] WLR(D) 257, 171 Con LR 75, [2018] AC 313, [2017] PNLR 18, UKSC 2015/0170

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC 2017 Apr 11 Video

Jurisdiction:

England and Wales

Citing:

Cited – Dunlop v Lambert HL 16-Jun-1839
A cargo of whisky was lost in carriage by sea between Leith and Newcastle. A second shipment was made and the loss was claimed. The House was asked whether ‘in a question between a carrier and the person to whom the carrier is responsible in the . .
Cited – In Re Lee’s Patent PC 16-Jun-1856
. .
Cited – Bradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .
Appeal from – Swynson Ltd v Lowick Rose Llp CA 25-Jun-2015
This appeal concerns the amount of damages recoverable by a lender from a negligent firm of accountants who failed to do a proper exercise of due diligence on the borrower to whom the money was lent. The majority of the loan was repaid by utilising . .
Cited – British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
Cited – Parry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Cited – Burston Finance Ltd v Spierway Ltd ChD 1974
The lender took a charge over a property held by a company which subsequently became void because it was not registered within the required period at Companies House.
Held: A voidable charge is a valid charge unless and until set aside: . .
Cited – Albacruz (Cargo Owners) v Albazero ‘The Albazero’ HL 1977
The House was asked as to the extent to which a consignor can claim damages against a carrier in circumstances where the consignor did not retain either property or risk. To the general principle that a person cannot recover substantial damages for . .
At First Instance – Swynson Ltd and Another v Lowick Rose Llp ChD 30-Jun-2014
The claimant said that it had received negligent advice from the defendant accountants in its financing of the purchase of a company in the US. After the company fell into difficulties, further advances were made. The parties disputed the . .
Cited – Chetwynd v Allen 1899
A lender M advanced pounds 1,200 to pay off an existing mortgage held by T over a property owned by the plaintiff. M made the advance on the basis of certain misleading representations and non-disclosures by the plaintiff’s husband. M was told that . .
Cited – Paul v Speirway Ltd (in liquidation) 1976
The plaintiff had made a loan to a company in which he had a joint interest in order to enable it to pay the price due under a contract for the purchase of development land. The company failed, and he now claimed to be a secured creditor by . .
Cited – Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others CA 10-Apr-1995
The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed.
Held: A mortgagee . .
Cited – Arab Bank Plc v John D Wood Commercial Ltd (In Liquidation) and others CA 25-Nov-1999
Having once recovered damages against a valuer for a negligent survey, there was nothing to stop a lender recovering also under a policy of insurance under a mortgage indemnity guarantee, and so the lender was not required to give credit for monies . .
Cited – Bank of Cyprus UK Ltd v Menelaou SC 4-Nov-2015
The bank customers, now appellants, redeemed a mortgage over their property, and the property was transferred to family members, who in turn borrowed from the same lender. A bank employee simply changed the name on the mortgage. This was ineffective . .
Cited – Darlington Borough Council v Wiltshier Northern Ltd CA 28-Jun-1994
The plaintiff council complained of the work done for it by the defendant builder.
Held: Steyn LJ said: ‘in the case of a building contract, the prima facie rule is cost of cure, i.e., the cost of remedying the defect: East Ham Corporation v. . .
Cited – Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine HL 8-Dec-1993
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser.
Held: . .
Cited – London and South of England Building Society v Stone CA 1983
A claim was by lenders against negligent valuers after they failed to spot subsidence. They sought for the difference of pounds 11,880 between the amount advanced and the amount which would have been lent upon a proper valuation. The borrowers’ . .
Cited – Darlington Borough Council v Wiltshier Northern Ltd and Others CA 29-Jun-1994
The council owned land on which it wanted to build a recreational centre. Construction contracts were entered into not by the council but by a finance company, the building contractors being the respondents Wiltshier Northern Ltd. The finance . .
Cited – Revenue and Customs v The Investment Trust Companies SC 11-Apr-2017
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
Cited – Banque Financiere De La Cite v Parc (Battersea) Ltd and Others HL 16-Apr-1998
The making of an order for restitution after finding an unjust enrichment by subrogation, is not dependant upon having found any common or unilateral intention of the parties. The House distinguished between contractual subrogation of the kind most . .
Cited – Edinburgh and District Tramways Co Ltd v Courtenay SCS 29-Oct-1908
(Court of Session Inner House First Division) There was contract between a tramway company and an advertising firm, under which the firm paid a rental for the right to display advertising on the tramcars. It was up to the firm to provide the boards . .
Cited – Lipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
Cited – TFL Management Services Ltd v Lloyds Bank Plc CA 14-Nov-2013
The court was asked: ‘A spends money seeking a judgment for the recovery of a debt from B. A fails to recover the debt because, so the court holds, the debt is not in fact owed by B to A (as A mistakenly thought), but owed by B to C. C then recovers . .

Cited by:

Cited – Tiuta International Ltd (In Liquidation) v De Villiers Surveyors Ltd SC 29-Nov-2017
Allegation of professional negligence. The claimant sought damages against the defendant surveyors for negligently valuing a partially completed residential development over which it proposed to take a charge to secure a loan. On an initial . .
Lists of cited by and citing cases may be incomplete.

Company, Professional Negligence, Damages

Updated: 27 November 2022; Ref: scu.581644

Stanton v Collinson: QBD 2 Mar 2009

The claimant was severely injured when a car driven by the defendant crashed. No-one was wearing a seat belt. The driver died. The driver’s estate argued that the claimant was contributorily negligent in not wearing a seat belt. The claimant said that the failure had not contributed to his actual injuries.
Held: Having regard to the provisions of the 1945 Act and to the decision in Froom, the damages recoverable by this Claimant should not be reduced by reason of his failure to wear a seat belt. He is, consequently, entitled to recover damages on a full liability basis.

Judges:

Cox J

Citations:

[2009] EWHC 342 (QB)

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945 1(1)

Jurisdiction:

England and Wales

Citing:

Cited – Froom v Butcher CA 21-Jul-1975
The court asked what reduction if any should be made to a plaintiff’s damages where injuries were caused not only by the defendant’s negligent driving but also by the failure of the plaintiff to wear a seat belt. It had been submitted that, since . .
Cited – Gawler v Raettig CA 3-Dec-2007
The parties had resolved their claims of negligence, but asked the court to set the level of contributory negligence even though the appeal was academic.
Held: The court refused leave to appeal, but stated that its judgment could be reported. . .
Cited – Gawler v Raettig CA 3-Dec-2007
The parties had resolved their claims of negligence, but asked the court to set the level of contributory negligence even though the appeal was academic.
Held: The court refused leave to appeal, but stated that its judgment could be reported. . .
Lists of cited by and citing cases may be incomplete.

Negligence, Damages

Updated: 27 November 2022; Ref: scu.314303

In re Bradberry; National Provincial Bank Ltd v Bradberry: ChD 1942

The parties disputed the date of valuation of an annuity during the course of the administration of an estate.
Held: The principle in Bwlfa was applied: ‘where facts are available they are to be preferred to prophecies’, and ‘Why should the court neglect known facts and put itself in the position of a prophet who, when he knows all the facts, projects himself to an earlier date and predicts as the span of life of a person known to be dead the length of life of the hypothetical person who lives his actuarial life?’

Judges:

Uthwatt J

Citations:

[1943] Ch 35, [1942] 2 All ER 629

Jurisdiction:

England and Wales

Citing:

Cited – Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co HL 1903
A coalmine owner claimed statutory compensation against a water undertaking which had, under its statutory authority, prevented him mining his coal over a period during which the price of coal had risen. The House was asked whether the coal should . .

Cited by:

Cited – Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 27 November 2022; Ref: scu.252485

Hougie v Kranat: CA 26 Nov 1998

The plaintiff sought leave to appeal against the level of damages awarded to her in her claim for wrongful eviction, and against the costs award made after the award had failed to meet the amount paid into court. She said that by omitting a painting from the damages, the amount payable was reduced below the necessary figure.
Held: The point was arguable and leave should be given.

Judges:

Peter Gibson, Waller LJ

Citations:

[1998] EWCA Civ 1860

Statutes:

Housing Act 1988 27 28

Jurisdiction:

England and Wales

Cited by:

See Also – Hougie v Kranat CA 11-Mar-1999
The plaintiff applied for an extension of time to file her appeal having been given leave ex parte. The defendant opposed the application. She had been awarded damages for wrongful eviction, but the level of damages awarded had been less than the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Damages

Updated: 27 November 2022; Ref: scu.145339

Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914

The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, as and by way of liquidated damages and not as a penalty.’
Held: It is a fundamental principle of English law that only a party to a contract who had provided consideration could sue on it.
The House, in discussing penalty clauses, drew a distinction between a payment on breach stipulated as in terrorem of the offending party and a genuine covenanted pre-estimate of damage, and summarised the law.
Lord Dunedin said: ‘(1) Though the parties to a contract who use the words ‘penalty’ or ‘liquidated damages’ may prima facie be supposed to mean what they say, yet the expression used is not conclusive. The court must find out whether the payment stipulated is in truth a penalty or liquidated damages. . (2) The essence of a penalty is a payment of money stipulated as in terrorem of the offending party; the essence of liquidated damages is a genuine pre-estimate of damage. (3) The question whether a sum stipulated is a penalty or liquidated damages is a question of construction to be decided upon the terms and inherent circumstances of each particular contract, judged of at the time of the making of the contract, not as at the time of the breach. (4) To assist this task of construction various tests have been suggested which, if applicable to the case under consideration, may prove helpful or even conclusive. Such are: (a) It will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison with the greatest loss which could conceivably be proved to have followed from the breach. (b) It will be held to be a penalty if the breach consists only in not paying a sum of money, and the sum stipulated is a sum greater than the sum which ought to have been paid . . (c) There is a presumption (but no more) that it is a penalty when ‘a single lump sum is made payable by way of compensation, on the occurrence of one or more or all of several events, some of which may occasion serious and others but trifling damage.’ On the other hand: (d) It is no obstacle to the sum stipulated being a genuine pre-estimate of damage, that the consequences of the breach are such as to make precise pre-estimation almost an impossibility. On the contrary, that is just the situation when it is probable that pre-estimated damage was the true bargain between the parties.’

Judges:

Lord Dunedin, Lord Atkinson,

Citations:

[1915] AC 67, [1914] UKHL 1, (1904) 12 SLT 498, (1904) 7 F (HL) 77, [1914] UKHL 861

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Clydebank Engineering Co v Castaneda HL 19-Nov-1904
The House considered a contract for the construction by a Scottish shipbuilder of four torpedo boats for the Spanish government. The contract provided that: ‘The penalty for late delivery shall be at the rate of andpound;500 per week for each . .
Cited – Webster v Bosanquet PC 1912
(Ceylon) The Board was asked whether a clause in a contract amounted to a penalty: ‘whatever be . . the expression used in the contract in describing the payment, the question must always be whether the construction contended for rendered the . .
Cited – Commissioner of Public Works v Hills PC 24-May-1906
(Cape of Good Hope) A railway construction contract provided that in the event of a breach by the contractor he should forfeit ‘as and for liquidated damages’ certain percentages retained by the Government of the Cape of Good Hope of money payable . .
Cited – Kemble v Farren 6-Jul-1829
Liquidated Damages Clause to Specify Which Loss
The manager of Covent Garden sought damages from an actor (a principal comedian) in the form of liquidated damages for breach of a contract. He had contracted to perform for four seasons, but had refused to continue after the first.
Held: . .
Cited – Willson v Love 1896
The lessees of a farm covenanted not to sell hay or straw off the premises during the last twelve months of the term, and a provision that an additional rent of 3 l. per ton should be payable by way of penalty for every ton of hay or straw so sold. . .
Cited – Lord Elphinstone v Monkland Iron and Coal Co HL 1886
Lord Herschell LC examined the validity of a covenant by which lessees who had been given a right to place slag on the land leased to them covenanted to pay the lessor andpound;100 per acre for all land not levelled and soiled within a particular . .
Cited – Wallis v Smith CA 1882
Jessel MR said: ‘You may depart from the literal meaning of words, if reading the words literally leads to an absurdity.’ and ‘It has always appeared to me that the doctrine of the English law as to non-payment of money – the general rule being that . .

Cited by:

Applied – Duffen v Fra Bo Spa CA 30-Apr-1998
The plaintiff had been appointed as an exclusive sales agent for the defendant for a minimum period of four years. The defendants terminated it eighteen months early claiming fraudulent misrepresentation.
Held: The clause setting the damages . .
Affirmed – Philips (Hong Kong) Ltd v The Attorney General of Hong Kong PC 9-Feb-1993
After referring to two Australian cases on penalty clauses in contracts: ‘These statements assist by making it clear that the court should not adopt an approach to provisions as to liquidated damages which could, as indicated earlier, defeat their . .
Cited – Murray v Leisureplay Plc QBD 5-Aug-2004
The claimant sought payment of three years’ salary after termination of his service contract. He said that an agreement had been made by the company to purchase a ‘financial institution’, which would trigger the additional payments. The defendants . .
Cited – Cine Bes Filmcilik Ve Yapimcilik and Another v United International Pictures and Others CA 21-Nov-2003
The parties entered into agreements licensing the exclusive distribution of encrypted television channels within Turkey. A clause provided a calculation of damages for a breach amounting to the balance of licence fees due, and other penalties, . .
Cited – R v Her Majesty’s Attorney-General for England and Wales PC 17-Mar-2003
PC (From Court of Appeal of New Zealand) T had been a member of the British SAS. Other members had written books and the Army sought to impose confidentiality contracts or to impose a return to their unit. R . .
Cited – Euro London Appointments Ltd v Claessens International Ltd CA 6-Apr-2006
The court considered whether a clause in an employment agency’s terms and conditions amounted to a penalty and was unenforceable. The contract provided that if the offer was withdrawn by the eventual employer after acceptance but before the . .
Cited – Lordsvale Finance Plc v Bank of Zambia QBD 20-Mar-1996
The court looked at a facility agreement opened by a bank in favour of the defendant which provided that in the event of default the defendant should pay interest during the period of default at an aggregate rate equal to the cost to the bank of . .
Mentioned – Beswick v Beswick HL 29-Jun-1967
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .
Cited – Jeancharm Ltd (T/A Beaver International) v Barnet Football Club Ltd CA 16-Jan-2002
The claimant contracted to supply football shirts to the defendant, but claimed that clauses in the contract with regards to late delivery and payment operated as penalties and so were void at common law.
Held: The sums set out were immodest . .
Cited – Anglo Group Plc, Winther Brown and Co Ltd v Winter Brown and Co Ltd, BML (Office Computers) Ltd, Anglo Group Plc, BML (Office Computers) Ltd TCC 8-Mar-2000
Contract – Contract for provision of computer services – purchaser contract with finance company – duty of co-operation to be implied in computer contracts – practice – responsibilities of expert witnesses generally – whether computer company liable . .
Cited – Tullett Prebon Group Ltd v El-Hajjali QBD 31-Jul-2008
The defendant signed an employment contract to join the claimants as a senior broker. He changed his mind and decided to stay in his existing job. The new employers sued for breach of contract. The defendant said that the claimants had refused to . .
Cited – Azimut-Benetti Spa (Benetti Division) v Healey ComC 3-Sep-2010
The claimant sought summary judgment under a guarantee. The defendant said that the liquidated damages clause under which the claim was made was a penalty clause and unenforceable.
Held: The request for summary judgment was granted.
Cited – Cleeve Link Ltd v Bryla EAT 8-Oct-2013
EAT Unlawful Deduction From Wages – The principles enunciated in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 1979 and re-stated in Lordsvale Finance PLC v Bank of Zambia [1996] QB 752, . .
Cited – Murray v Leisureplay Plc CA 28-Jul-2005
The court considered the extent to which the content of negotiations leading up to the signing of a contract were admissible. Arden LJ said: ‘Lord Dunedin in the Dunlop case makes the point that, although the issue is one of construction, the court . .
Cited – Cavendish Square Holdings Bv and Another v El Makdessi ComC 14-Dec-2012
The parties disputed whether clauses in a share sale agreement between them amounted to a penalty and as such were rendered unenforeable.
Held: Burton J felt able to escape those constraints, and concluded that the two provisions were valid . .
Cited – El Makdessi v Cavendish Square Holdings Bv and Another CA 26-Nov-2013
The appellants had agreed for the sale of his company by way of a share sale agreement. The price to be paid was to vary accoriding to the operating profits. A large part of the price reflected goodwill. The agreement contained a clause providing . .
Cited – Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis SC 4-Nov-2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, . .
Lists of cited by and citing cases may be incomplete.

Contract, Damages

Leading Case

Updated: 27 November 2022; Ref: scu.197031