Application for permission to appeal against the decision determining the quantum of damages awarded to the claimant in an action brought against the defendant arising out of a road traffic accident.
Kay LJ, Dyson LJ
[2002] EWCA Civ 1874
England and Wales
Updated: 27 June 2022; Ref: scu.217803
The claimant was a cyclist. He passed along inside a line of traffic, and collided with a lorry turning left into a petrol station ahead of him, suffering serious injuries. He appealed against a finding that the lorry driver had signalled and that he had not been watching where he was going.
Held: The claimant was lucky to have had found against him only the degree of contribution applied. The cyclist was in a racing position with his head down, and : ‘any cyclist who is taking reasonable care for his own safety knows that any vehicle turning left ahead of him will endanger him and he should therefore keep a particularly careful look-out.’ His appeal as to apportionment of liability was dismissed.
As to the disregard of housing benefits in calculating damages: ‘Parliament has not expressly provided that housing benefit shall be disregarded. The benefit was payable because the claimant’s qualifying need arose in consequence of the tort of which he was the victim. In my judgment, it must therefore follow as the judge found that the payments of housing benefit should be taken into account in reduction of the claim for loss of earnings to date.’
Kennedy, Chadwick, Jonathan Parker LJJ
[2002] EWCA Civ 1848
Social Security (Recovery of Benefits) Act 1997 8
England and Wales
Cited – Clarke v South Yorkshire Transport Ltd CA 19-Mar-1998
. .
Cited – Chapman v Hearse, Baker v Willoughby HL 26-Nov-1969
The plaintiff, a pedestrian had been struck by the defendant’s car while crossing the road. The plaintiff had negligently failed to see the defendant’s car approaching. The defendant had a clear view of the plaintiff prior to the collision, but was . .
Cited – Hodgson v Trapp HL 10-Nov-1988
The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury.
Held: They should be. Damages for negligence are . .
Cited – Cresswell v Eaton 1991
The mother was tortiously killed, the father was no longer on the scene, and an aunt had to give up work to look after the three children.
Held: There were two heads of claim; the ‘disbursement dependency’, representing the mother’s financial . .
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.
Updated: 27 June 2022; Ref: scu.217804
Kennedy, Buxton LJJ
[2002] EWCA Civ 1573
England and Wales
Updated: 27 June 2022; Ref: scu.217673
Misrepresentation
[2002] EWCA Civ 1548
England and Wales
Updated: 27 June 2022; Ref: scu.217665
Renewed application for permission to appeal. Granted
Pill LJ, Sir Martin Nourse
[2002] EWCA Civ 1063
England and Wales
Updated: 23 June 2022; Ref: scu.217492
The News of the World appealed the size of the damages awarded to the claimant in defamation proceedings.
[2002] EWCA Civ 1143
England and Wales
Updated: 23 June 2022; Ref: scu.217457
Application for leave to appeal by the Ministry against the calculation of an award of damages.
Simon Brown VP LJ
[2002] EWCA Civ 892
England and Wales
Updated: 23 June 2022; Ref: scu.217292
Renewed application for leave to appeal against decision refusing compensation after wrongful conviction.
Laws LJ, Sir Martin Nourse
[2002] EWCA Civ 1259
England and Wales
Updated: 23 June 2022; Ref: scu.217200
Claimant’s application for leave to appeal against level of damages awarded on personal injury claim.
Potter LJ
[2002] EWCA Civ 618
England and Wales
Updated: 23 June 2022; Ref: scu.217111
The claimants appealed against the level of damages awarded on their claim of negligence by the defendat solicitors.
Morritt VC, Mummery, Longmore LJJ
[2002] EWCA Civ 764
England and Wales
Updated: 23 June 2022; Ref: scu.217051
Ward, Chadwick LJJ
[2002] EWCA Civ 409
England and Wales
Updated: 23 June 2022; Ref: scu.216837
Whether psychiatric injury caused by accident
Kay LJ
[2002] EWCA Civ 265
England and Wales
Updated: 23 June 2022; Ref: scu.216788
The plaintiff’s vessel had been damaged in a collision, and underwent temporary repairs at Port Glasgow. It was certified as authorised ‘to be confirmed in her present class without fresh record of survey, subject to certain permanent repairs at the owner’s convenience’ Having sailed for New York on a trading voyage, whether or not she was in ballast, she sustained heavy weather damage which necessitated 30 days of repair time in New York. During 10 days of that period the repairs to the collision damage were also carried out.
Held: The claim for loss of use during that 10 day period failed. The vessel was ‘incapable of gainful use during the 10 days necessary to complete her collision repairs’. Viscount Jowitt was willing to assume that the collision was a cause of her detention in New York, but she would have been detained for that period in any event
Viscount Jowitt
[1952] AC 292, [1951] UKHL 4
England and Wales
Cited – Chester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
Cited – 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.
Updated: 23 June 2022; Ref: scu.216515
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The evidence established that cauda equina syndrome was a random and inherent risk of the surgery, which would have been the same whenever and at whoever’s hand she had the operation. It was also established that she would have had the operation at some point in time, regardless of whether she was warned of the risk. The judge had not found that she would not have had the operation at that time if told. The doctor now appealed.
Held: The appeal failed. The claimant had established causation. The ‘but for’ test was satisfied, because she would not have had the operation when she had it if the appropriate warning had been given and on the probabilities the complication would not have arisen on another occasion The issue went as to causation. A surgeon owes a legal duty to a patient to warn him or her in general terms of possible serious risks involved in the procedure. Her right of autonomy and dignity can and ought to be vindicated by a narrow and modest departure from traditional causation principles. The doctor was liable (Bingham and Hoffmann dissenting).
Lord Hope of Craighead said: ‘To leave the patient who would find the decision difficult without a remedy, as the normal approach to causation would indicate, would render the duty useless in the cases where it may be needed most. This would discriminate against those who cannot honestly say that they would have declined the operation once and for all if they had been warned. I would find that result unacceptable. The function of the law is to enable rights to be vindicated and to provide remedies when duties have been breached. Unless this is done the duty is a hollow one, stripped of all practical force and devoid of all content. It will have lost its ability to protect the patient and thus to fulfil the only purpose which brought it into existence. On policy grounds therefore I would hold that the test of causation is satisfied in this case. The injury was intimately involved with the duty to warn. The duty was owed by the doctor who performed the surgery that Miss Chester consented to. It was the product of the very risk that she should have been warned about when she gave her consent. So I would hold that it can be regarded as having been caused, in the legal sense, by the breach of that duty. . . I would hold that justice requires that Miss Chester be afforded the remedy which she seeks, as the injury which she suffered at the hands of Mr Afshar was within the scope of the very risk which he should have warned her about when he was obtaining her consent to the operation which resulted in that injury.
Lord Woolf said: ‘In a case where it is being alleged that a plaintiff has been deprived of the opportunity to make a proper decision as to what course he or she should take in relation to treatment, it seems to me to be the law, as indicated in the cases to which I have just referred, that if there is a significant risk which would affect the judgment of a reasonable patient, then in the normal course it is the responsibility of a doctor to inform the patient of that significant risk, if the information is needed so that the patient can determine for him or herself as to what course he or she should adopt. ‘
Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe
[2005] 1 AC 134, [2004] 3 WLR 927, [2004] UKHL 41, Times 19-Oct-2004, 67 BMLR 66
England and Wales
Appeal from – Afshar v Chester CA 27-May-2002
The surgeon carried out the operation successfully, but the claimant suffered consequential post operative damage. He had not been warned of the risk, and sought damages.
Held: Failure to warn of a risk did not vitiate consent, and any . .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Cited – Smith v Barking, Havering and Brentwood Health Authority 1994
The patient claimed damages.
Held: On the balance of probabilities the claimant would have consented to the operation even if properly advised as to the risk of tetraplegia. The defendant was not liable. . .
Cited – Pearce and Pearce v United Bristol Healthcare NHS Trust CA 20-May-1998
A doctor advised a mother to delay childbirth, but the child was then stillborn. She complained that he should have advised her of the risk of the baby being stillborn.
Held: ‘In a case where it is being alleged that a plaintiff has been . .
Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Cited – Maynard v West Midlands Regional Health Authority HL 1985
The test of professional negligence is the standard of the ordinary skilled man exercising and professing to have that special skill. Lord Scarman said: ‘a doctor who professes to exercise a special skill must exercise the ordinary skill must . .
Cited – Smith v Tunbridge Wells Health Authority 1994
The patient was to undergo rectal surgery. He claimed that the doctor had failed to warn him of the risks.
Held: The claimant would have declined the operation if he had been properly advised of the risk of impotence and bladder malfunction, . .
Cited – McAllister v Lewisham and North Southwark Health Authority 1994
The patient claimed damages after suffering injury in an operation, saying the doctor had failed to warn of the risk.
Held: The claimant would not have had the operation if she had been properly warned and on balance of probabilities she would . .
Cited – Smith v Salford Health Authority 1994
The doctor had failed to warn the patient of the risks inherent in the planned operation.
Held: The court not have found him liable for a failure to warn, because he was not satisfied that the claimant would not have had the operation if he . .
Cited – Chappel v Hart 2-Sep-1998
Austlii (High Court of Australia) Negligence – Causation – Failure to warn of inherent risk of operation about which patient had specifically inquired – Plaintiff would have inevitably required the same operation . .
Cited – Monarch Steamship Co Ltd v Karlshamns Oljefabriker A/B HL 1949
Damages were sought for breach of contract.
Held: After reviewing the authorities on remoteness of damage, the court reaffirmed the broad general rule that a party injured by the other’s breach of contract is entitled to such money . .
Cited – Carslogie Steamship Co Ltd v Royal Norwegian Government HL 1952
The plaintiff’s vessel had been damaged in a collision, and underwent temporary repairs at Port Glasgow. It was certified as authorised ‘to be confirmed in her present class without fresh record of survey, subject to certain permanent repairs at the . .
Cited – Stapley v Gypsum Mines Ltd HL 25-Jun-1953
Plaintiff to take own responsibility for damage
The question was whether the fault of the deceased’s fellow workman, they both having disobeyed their foreman’s instructions, was to be regarded as having contributed to the accident.
Held: A plaintiff must ‘share in the responsibility for the . .
Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .
Cited – Kuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
Cited – Associated Portland Cement Manufacturers (1900) Ltd v Houlder Brothers and Co Ltd 1917
A vessel was delayed in sailing and torpedoed on 25 May 1916. It would not have been torpedoed if it had made the same voyage two or three days earlier.
Held: The claim failed. There was no cuasative link. . .
Cited – Gregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
Cited – Moy v Pettman Smith (a firm) and another HL 3-Feb-2005
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the . .
Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
Cited – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Montgomery v Lanarkshire Health Board SC 11-Mar-2015
Change in Doctors’ Information Obligations
The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a . .
Cited – Meadows v Khan QBD 23-Nov-2017
Claim for the additional costs of raising the claimant’s son, A, who suffered from both haemophilia and autism. It is admitted that, but for the defendant’s negligence, A would not have been born because his mother would have discovered during her . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 June 2022; Ref: scu.216461
The deceased died after commencing a claim for personal injuries for mesothelioma. The action had been compromised with an agreement for a provisional consent order. After his death, his widow sought to claim on the basis as settled.
Held: Having settled the action on the basis that if the deceased developed the disease, he would be compensated on a full liability basis, it was not now open to the company to go back on that agreement. The parties could have formed an agreement which left open such questions, but they had not done so.
Ward, Clarke, Collins LJJ
Times 01-Jul-2002, Gazette 01-Aug-2002, [2002] EWCA Civ 904
England and Wales
Distinguished – Hurditch v Sheffield Health Authority CA 1989
The plaintiff claimed for exposure to asbestosis. The parties could not agree as to his prognosis, and he claimed provisional damages. A written offer for provisional damages was made and accepted. The plaintiff requested judgment lodging a . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 June 2022; Ref: scu.174125
Morgan J
[2012] EWHC 3447 (QB)
England and Wales
Updated: 23 June 2022; Ref: scu.466437
Assessment of damages after severe personal injury and settlement of liability.
Underhill J
[2009] EWHC 405 (QB)
England and Wales
Updated: 23 June 2022; Ref: scu.320869
Structure of damages award for severe personal injury.
MacKay J
[2009] EWHC 715 (QB)
England and Wales
Updated: 23 June 2022; Ref: scu.346743
The local authority abandoned its care plan for her child without first consulting her. The mother appealed a refusal by the court to award damages.
Held: The appeal failed. The authority had infringed the mother’s human rights, but her remedy lay in a declaration, and damages were not to be awarded. The breach was purely procedural. The decalaration was an adequate remedy in this case.
Lord Justice Thorpe, Lord Justice Tuckey and Lord Justice Wilson
Times 01-Feb-2007
European Convention on Human Rights 8
England and Wales
Appeal from – P v South Gloucestershire Council FD 2006
The applicant’s child had been taken into care by the defendant, on the basis of a proposed care plan. The authority abandoned the care plan but without consulting with the mother first. She sought damages saying that the authority had infringed her . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 June 2022; Ref: scu.248914
Mr Edwards, who was black, was a skilled worker in a 100-per-cent union printshop. His employers were compelled to dismiss him after his dues had been allowed to fall into arrear through a union official’s neglect. He sued the union in contract. He won his action before Buckley J, but the union appealed on quantum. The union had at a late stage agreed to readmit him, but it was too late to put him back in his original job, and he had meanwhile found and then lost another job. Denning MR ‘I feel that damages in a case such as this are so difficult to assess that I would be inclined to view them somewhat broadly. I would start with the loss of earnings which he might reasonably be expected to have suffered over two years from his expulsion. That is what was suggested by Lord Donovan’s Committee. I would then work upwards or downwards from that figure, according to the circumstances of the case.’ Sachs LJ: ‘The union’s liability in damages being clear, this appeal is concerned with their measure – an important matter in the particular circumstances. These damages, of course, sound in contract and not in tort. It is, however, as well to record at the outset . . that certain rules laid down in Addis touching damages for wrongful dismissal have no application to the present type of case. In other words, whereas in the former class of cases the damages can contain no element for the difficulty the dismissal causes to a plaintiff in getting fresh employment, the essence of the measure in the present case is an assessment of the financial consequences of that very difficulty.’
Megaw LJ, preferred to segregate past loss from future loss. Of the element future loss: ‘Where there are so many incalculables, it would not be right to seek to give an aura of scientific respectability to the assessment of future damages by purporting to apply arithmetical or actuarial formulae to the assessment, or to any individual factor on which the assessment partly depends. One must try to assess. One cannot calculate.’
Lord Denning MR, Sachs LJ, Megaw LJ
[1971] Ch 354
England and Wales
Cited – Maddison v Alderson HL 1883
The requirement of the doctrine of part performance is that the acts of part performance relied upon must be ‘referable’ to the contract sued on. The principle underlying the doctrine of part performance was expressed by Lord Selborne: ‘In a suit . .
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 June 2022; Ref: scu.194791
Appeal from a ruling by Lightman J in the course of an inquiry as to damages pursuant to his judgment on liability.
Gibson, Arden LJJ, Cresswell J
[2002] EWCA Civ 1183
England and Wales
Updated: 21 June 2022; Ref: scu.217409
Application for leave to appeal from level of award for discrimination.
[2002] EWCA Civ 1027
England and Wales
Updated: 21 June 2022; Ref: scu.217344
appealed against a certificate of recoverable benefits
[2004] UKSSCSC CCR – 4065 – 2003
England and Wales
Updated: 21 June 2022; Ref: scu.216128
[2001] EWCA Civ 1460
England and Wales
Updated: 21 June 2022; Ref: scu.201337
Rose J
[2015] EWHC 1676 (Ch), [2015] WLR(D) 262, [2015] 1 WLR 4881
Civil Liability (Contribution) Act 1978 1(4)
England and Wales
Updated: 21 June 2022; Ref: scu.549253
[2005] EWCA Civ 620
England and Wales
Updated: 21 June 2022; Ref: scu.235927
A renewed application for leave to appeal was made as regards a valuation element of the judgment. New expert evidence was sought to be admitted.
Held: Leave was refused: ‘the Court of Appeal should be particularly cautious where what is intended is to put in, in effect, further cross-examination of a witness, including an expert, where that expert or witness has been cross-examined at a trial. ‘
Waller LJ, Dyson LJ
Times 16-Dec-2005, [2005] EWCA Civ 1419
Civil Procedure Rules 52.11(2)
England and Wales
Appeal from – Riyad Bank and others v Ahli United Bank (Uk) Plc ComC 1-Mar-2005
. .
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Hamilton v Al Fayed (2) CA 13-Oct-2000
A third party who financially supported a court action had no right to be joined as a party even at hearings at which decisions would be made which might affect his potential liabilities. Those who financially support proceedings must acknowledge . .
Cited – Allen v Matthews CA 13-Mar-2007
The defendants appealed an order refusing title by adverse possession to registered land. They denied that the limitation period had been restarted by their solicitor’s letter acknowledging the title.
Held: The letter must be read as a whole. . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 June 2022; Ref: scu.235240
The parties put forward alternative explanations for the loss of a mail packet. Richards LJ said: ‘Nor do I see any inconsistency between my approach and the observations of Lord Brandon in The Popi M. The conclusion that employee theft was the probable cause of the loss is not based on a process of elimination of the impossible, in application of the dictum of Sherlock Holmes. It does take into consideration the relative probabilities or improbabilities of various possible causes as part of the overall process of reasoning, but I do not read The Popi M as precluding such a course. Employee theft is, as I have said, a plausible explanation and is very far from being an extremely improbable event. A finding that employee theft is more likely than not to have been the cause of the loss accords perfectly well with common sense. Thus the various objections to the finding made by the trial judge in The Popi M simply do not bite on the facts of this case.’
Richards LJ
[2005] EWCA Civ 1418
Carriage of Goods by Road Act 1965
England and Wales
Appeal from – Datec Electronic Holdings Ltd and Another v United Parcels Service Ltd and Another ComC 22-Feb-2005
The claimant sought damages for the loss of goods in transit under the care of the defendant. Andrew Smith J held as regards the burden of proof in an allegation of wilful misconduct: ‘I should add that I was properly reminded by counsel that the . .
Appeal from – Datec Electronics Holdings Ltd and others v United Parcels Services Ltd HL 16-May-2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . .
Cited – Ide v ATB Sales Ltd and Another CA 28-Apr-2008
Each appellant challenged how the judge had decided between alternative proofs of causation of the respective loss. In Ide, the claimant asserted a fault in a cycle handlebar, and in Lexus, the claimant asserted that it caught fire whilst . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 June 2022; Ref: scu.235435
[2001] EWCA Civ 143
England and Wales
Updated: 21 June 2022; Ref: scu.217985
Assessment of damages, together with a claim for other relief, in respect of this libel action by Mr Laurence Easeman against Mr Adam Ford.
Soole J
[2016] EWHC 1576 (QB)
England and Wales
Updated: 19 June 2022; Ref: scu.566571
Nicol J
[2016] EWHC 1190 (QB)
England and Wales
Updated: 19 June 2022; Ref: scu.564502
Application on behalf of the claimant under CPR 25.7 for an interim payment in respect of her claim for damages for personal injuries, loss and damage arising out of a road traffic accident. She was a passenger in a car driven by her boyfriend, who was insured by the defendant.
Reddihough HHJ
[2016] EWHC 1497 (QB)
England and Wales
Updated: 18 June 2022; Ref: scu.566258
The court having concluded that the defendant was liable for damages for false imprisonment for his immigration detention, the court now considered the damages payable.
Jay J
[2016] EWHC 1617 (QB)
England and Wales
Updated: 18 June 2022; Ref: scu.566785
The plaintiffs sought damages after their holiday was disappointing. The cost of the holiday for five people was andpound;98 per person. The county court judge had allowed damages separately for the five holiday makers, having regard to how the breaches of contract affected each of them. He felt inhibited by Jarvis and Jackson and ‘would have approached the damages on a higher scale than [was] revealed by [those cases] ‘as appropriate’.
Held: The Court of Appeal disagreed. Bridge LJ said: ‘I wholly fail to understand how the learned judge was able to extract anything from either of those case which prevented him from awarding the higher scale of damages which he said he was minded to award.’
Cumming-Bruce LJ: ‘Contracts for holidays vary on their facts very greatly. The facilities offered by the tour company vary enormously from case to case. It would be a grave mistake to look at the facts in, for example, the Jackson case or the Jarvis case and compare those facts with the facts in another case as a means of establishing the measure of damages.’
Bridge LJ, Cumming-Bruce LJ
Unreported, 13/05/1980
England and Wales
Cited – Milner and Another v Carnival Plc (T/A Cunard) CA 20-Apr-2010
Damages for Disastrous Cruise
The claimants had gone on a cruise organised by the defendants. It was described by them as ‘the trip of a lifetime.’ It did not meet their expectations. There had been several complaints, including that the cabin was noisy as the floor flexed with . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 June 2022; Ref: scu.408561
Contractors had spread fertiliser unevenly on a field preparatory to the planting of a crop of potatoes. The result was ‘striping’, some potatoes showing signs of nutrient deficiency, whilst the remainder grew too quickly, resulting in an overall loss of yield.
Held: The plaintiff’s appeal failed. The loss was not ‘loss of or damage to material property’ within the meaning of the public liability policy. All the plants were found to have produced potatoes of uniform quality, but of uneven size. There was no disease.
Unreported, 18 May 1993
England and Wales
Cited – D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 June 2022; Ref: scu.331080
The plaintiffs Brighton jewellers sought compensation from the police authority for a raid on their premises by three or four men. Kenneth Jones J at first instance held that the incident did not involve a tumultuous assembly and accordingly the claim against the defendant police authority failed. On appeal it was conceded on behalf of the plaintiffs that the 1886 Act imposed an additional requirement that the assembly be tumultuous. It was submitted however that it would suffice if the assembly in question caused bystanders to behave tumultuously in the sense of making a lot of noise, and that Lyell J had been wrong in Dwyer when stating that ‘tumultuous’ connoted an assembly of some considerable size.
Held: Kerr LJ rejected the first contention, regarding it as self-evident that whatever conduct or effect is involved in the adverb ‘tumultuously’ must relate to the persons who are assembled together, both ‘riotously’ and ‘tumultuously’. On the second point, Kerr LJ said that as a matter of first impression the connotation of ‘multitude’ or ‘crowd’ or ‘mob’, or of a large number of people, had been introduced into the meaning of ‘tumultuous’ and ‘tumult’. He continued: ‘Moreover, these aspects were considered with great care, and after a full citation of all the authorities, by Mr Justice Lyell in the most recent of the cases to which we were referred, JW Dwyer Limited -v- Metropolitan Police District Receiver [1967] 2 QB 970, [1967] 3 WLR 731. Mr Justice Kenneth Jones followed that case and I would do exactly the same, because it is an admirable judgment on this very section’ and
‘I would accept the analysis of the phrase ‘riotously and tumultuously’ assembled together’ of Mr Justice Lyell in Dwyer’s case. Looked at in that way, there is no error in concluding that ‘tumultuously adds something more than mere noise to the minimum assembly of three people required to constitute a riot.
The other point which Mr Poulton took was that Mr Justice Lyell’s suggestion that what matters is whether or not the police should have been alerted was satisfied in the present case, since there was a great deal of noise. He said that this should have attracted the attention of the police. I do not accept that. It is certainly not the kind of picture which Mr Justice Lyell had in mind when he gave his impression of a ‘riotous and tumultuous assembly’. After all, this was not a case of a crowd which had assembled and which should have attracted the attention of the police by its very presence. On the contrary. These robbers drew up in a van quietly and then stormed out, no doubt making a good deal of noise, but in the minimum time possible. And they then vanished as quickly as they could. The whole nature of the raid was one of furtiveness at the beginning, and then surprise and speed of departure thereafter. In my view that is far from a ‘riotous and tumultuous assembly’.
Balcombe J added: ‘I would also like to express my complete agreement with the judgment of Mr Justice Lyell in Dwyer’s case.’
Kerr, Balcombe LJJ, Sir Roualeyn Cumming-Bruce
Times 15-Jul-1988
England and Wales
Approved – J W Dwyer Ltd v Metropolitan Police District Receiver 1967
The owner of a jewellery shop claimed to recover compensation from the police for damage to his shop in a smash and grab raid. Since there were more than 3 robbers, the police accepted that there had been a riot but defended the claim on the basis . .
Cited – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Cited – Bedfordshire Police Authority v Constable CA 12-Feb-2009
The police had responded to a riot at Yarlswood detention centre. They had insurance to cover their liability under the 1886 Act, but the re-insurers said that the insurance did not cover the event, saying that the liability was for statutory . .
Cited – Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority CA 23-Oct-2009
The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 June 2022; Ref: scu.270265
A number of shipyard workers were dismissed by their employers but believed credibly that there was a realistic prospect that they might be re-employed. Only later did it come to their knowledge that the shipyard at which they worked was to close down. The employer appealed a decision allowing the claims to go ahead out of time. Only then did they present their complaints to an Industrial Tribunal.
Held: It had not been reasonably practicable for the claimants to complain of unfair dismissal until the closure of the business (which occurred after the three-month time limit has passed) but it was reasonable for the claims to have been brought within 2 weeks of the date of closure. The fact that the company closed shortly after making redundancies may properly allow the capping of the compensatory award for unfair dismissal for redundancy on that first round.
Neill LJ said: ‘As has been emphasised in the authorities, the expression ‘reasonably practicable’ must be looked at in a common sense way.’
Neill LJ, Farquharson LJ, Sir Roger Ormrod
[1990] ICR 716, [1990] IRLR 386
England and Wales
Cited – Software 2000 Ltd v Andrews etc EAT 17-Jan-2007
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 June 2022; Ref: scu.268118
[2001] EWCA Civ 224
England and Wales
Updated: 18 June 2022; Ref: scu.217975
Compensation for entry into land under compulsory purchase
[2002] EWCA Civ 1810
England and Wales
Updated: 18 June 2022; Ref: scu.217855
The Scheme must award compensation in accordance with accepted methods of calculating damages. It had no authority to limit payment of legal fees of applicants to andpound;500.00.
Times 30-Jun-1994, Ind Summary 29-Aug-1994
England and Wales
Appeal from – Regina v Investor’s Compensation Scheme, ex Parte Bowden QBD 17-Feb-1993
The Investors’ Compensation Scheme must exercise discretion in quantifying a claim. An investor’s right to make a claim under the scheme survives his death and passes to his personal representative. . .
Appeal from – Regina v Investors Compensation Scheme Ltd, ex Parte Bowden and Another HL 18-Jul-1995
A regulated firm, Fisher Prew-Smith, ran a scheme whereby elderly homeowners were persuaded to invest money in equity-linked funds by mortgaging their homes on terms that the interest would roll up unless and until the total mortgage debt reached a . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.86961
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 was to replace the roof and to rebuild the timbers etc. The market value was andpound;21,000. After moving in further work was found to be required at andpound;1,000 to put the property into the condition in which it had been described in the report. The plaintiff claimed, inter alia, the cost of repairs ruling at the date of trial. The Official Referee awarded andpound;4,000, namely the difference between the value of the property as it should have been described and its value as described.
Held: The proper measure of damages was the difference in money between the value of the property in the condition described and its value as it should have been described, namely andpound;4,000.
Denning LJ said: ‘I take it to be clear law that the proper measure of damage is the amount of money which will put Mr. Philips into as good a position as if the surveying contract had been properly fulfilled: see British Westinghouse Electric and Manufacturing Co. Ltd. v. Underground Electric Railways Co. [1912] A.C. 673, 689, per Lord Haldane L.C. Now if [the surveyor] had carried out his contract, he would have reported the bad state of the timbers. On receiving that report, Mr. Philips would either have refused to have anything to do with the house – in which case he would have suffered no damage – or he would have bought it for a sum which represented its fair value in its bad condition – in which case he would pay so much less on that account. The proper measure of damages is therefore the difference between the value in its assumed good condition and the value in the bad condition which should have been reported to the client.
We were referred to the cases where a house is damaged or destroyed by the fault of a tortfeasor. These cases are, I think, different. If the injured person reasonably goes to the expense of repairing the house, the tortfeasor may well be bound to pay the cost of repair, less an allowance because new work takes the place of old: see Lukin v. Godsall (1795) Peake Add.Cas. 15 and Hide v. Thornborough (1846) 2 Car. and Kir. 250. In other cases, the tortfeasor may only have to pay the value of the house: see Moss v. Christchurch Rural District Council [1925] 2 K.B. 750. It all depends on the circumstances of the case: see Murphy v. The County Council of Wexford [1921] 2 Ir.R. 230. The general rule is that the injured person is to be fairly compensated for the damage he has sustained, neither more nor less.’ and
‘So also in this action, if Mr. Philips were to recover from the surveyor the sum of andpound;7,000, it would mean that Mr. Philips would get for andpound;18,000 (andpound;25,000 paid less andpound;7,000 received) a house and land which were worth andpound;21,000. That cannot be right. The proper amount for him to recover is andpound;4,000.’ and
‘The general principle of English law is that damages must be assessed as at the date when the damage occurs, which is usually the same day as the cause of action arises.
A fall thereafter in the value of money does not in law affect the figure, for the simple reason that sterling is taken to be constant in value’.
Morris LJ said: ‘In my judgment, the damages to be assessed were such as could fairly and reasonably be considered as resulting naturally from the failure of the defendant to report as he should have done. … It is said … that [the Official Referee] was not warranted in proceeding on the basis … of the difference between the value of the property as it was described in the defendant’s report and its value as it should have been described. In my view, however, that was the correct basis on the facts of this case.’
Romer LJ: ‘It may well be that if, on learning of the real condition of the house, he had decided to leave and resell, he would have been entitled to recover from the defendant, in addition to the andpound;4,000, his costs and expenses of moving in and moving out and of the resale. As, however, he elected to stay, after all the facts had become known to him, this point does not arise.’
Denning, Morris and Romer LJJ
[1956] 1 WLR 471, [1956] 1 All ER 874
England and Wales
Cited – 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. . .
Cited – Hide v Thornborough 1846
. .
Cited – British Westinghouse Electric and Manufacturing Company Limited v Braulik CA 1910
Between 1904 and 1906 British Westinghouse supplied 8 steam turbines. They were defective in design and used excessive quantities of steam. The railway company did not reject them but reserved its claim to damages for breach of contract. In 1907 the . .
Cited – Murphy v The County Council of Wexford 1921
(Eire) . .
Cited – Moss v Christchurch Rural District Council 1925
Damage caused to a house may result in an award of the diminution of the value of the house only. . .
Cited – Smith and Another v South Gloucestershire Council CA 31-Jul-2002
The claimants purchased land. The local search did not reveal a planning permission which affected the value of the property by applying an occupancy condition. He claimed compensation. Compensation was eventually agreed to be payable, but the . .
Cited – McKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd) ChD 14-Jan-2003
The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing . .
Cited – Dodd Properties (Kent) Ltd v Canterbury City Council CA 21-Dec-1979
The defendants had, in the course of building operations, caused nuisance and damage to the plaintiff’s building. The dispute was very lengthy, the costs of repair increased accordingly, and the parties now disputed the date at which damages fell to . .
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 – Bacciottini and Another v Gotelee and Goldsmith (A Firm) CA 18-Mar-2016
A property subject to a planning condition was purchased by the appellant under the advice of the respondent, who failed to notify him of the existence of a planning condition. The judge had awarded the claimant pounds 250 being the cost of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.182175
The claimant had become pregnant whilst placed in a mixed psychiatric ward. She claimed damages for their negligence. They responded that damages were not payable for a healthy child.
Held: The court was bound by Rees, and damages were not to be awarded. Any additional costs she might bear because of her disability would be recoverable, but the costs to her own mother as grandmother, were not.
Judge, Longmore, LJJ, Sullivan J
Times 28-Dec-2002
England and Wales
Cited – Rees v Darlington Memorial Hospital NHS Trust CA 14-Feb-2002
A disabled mother sought damages for the birth of a child after a negligently performed sterilisation.
Held: The rule in McFarlane against recovery of damages for the birth of a healthy child, did not prevent an award which was intended to . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.178621
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of the European Regulations with UK law predated the Sixth Directive.
Held: ‘whichever special provision of the Fourth Directive the victim of a motor accident may have to have recourse, the compensation to which he or she is entitled is and remains the same. It is the same compensation as that to which the victim is entitled as against the driver responsible, or his or her insurer, or, that failing, as against the guarantee fund of the state of the accident. The compensation remains the same if and when the victim has recourse instead to the compensation body established in his own state of residence under article 6 or 7.’
‘the scheme of the Directives is clear, and that they do not leave it to individual member states to provide for compensation in accordance with any law that such states may choose. On the contrary, they proceed on the basis that a victim’s entitlement to compensation will be measured on a consistent basis, by reference to the law of the state of the accident, whichever of the routes to recovery provided by the Directives he or she invokes. In consequence, it also makes no difference to the measure of liability of the body or person ultimately responsible, which route is chosen. ‘
Lord Mance, Lord Clarke, Lord Sumption, Lord Toulson,Lord Hodge
[2016] UKSC 52, [2016] 1 WLR 3194, [2016] WLR(D) 453, UKSC 2015/0113, [2016] RTR 26, [2017] PIQR P3
Bailii, WLRD, Bailii Summary, SC
Sixth Directive 2009/103/EC, The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003
England and Wales
At First Instance – Moreno v The Motor Insurers’ Bureau QBD 17-Apr-2015
The claimant suffered injury in a road traffic accident in Greece. The responsible driver was uninsured. She claimed here under the MIB scheme, and the court was now asked whether Greek or UK law governed the assessment of damages.
Held: The . .
Leave – Moreno v The Motor Insurers’ Bureau QBD 23-Apr-2015
Application for leave to appeal – granted . .
Overruled – Jacobs v Motor Insurers Bureau CA 27-Oct-2010
The claimant was injured when struck by a car in Spain, driven by an uninsured driver. He claimed here against the MIB. The 2003 Regulations under which he claimed had not been updated for the 2007 EU Regulations. The parties disputed which law . .
Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Cited – Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau ECJ 4-Dec-2003
ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil . .
Overruled – Bloy v Motor Insurers’ Bureau CA 29-Nov-2013
. .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Cited – Cox v Ergo Versicherung Ag SC 2-Apr-2014
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.570159
[2013] EWCA Civ 1543, [2014] 1 Lloyd’s Rep IR 75
England and Wales
Followed – Jacobs v Motor Insurers Bureau CA 27-Oct-2010
The claimant was injured when struck by a car in Spain, driven by an uninsured driver. He claimed here against the MIB. The 2003 Regulations under which he claimed had not been updated for the 2007 EU Regulations. The parties disputed which law . .
Overruled – Moreno v The Motor Insurers’ Bureau SC 3-Aug-2016
The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.518495
The claimant bus operator sought damages after one of its buses was off the road for several weeks. It made a claim for general damages for loss of use, using for that purpose a formula produced by the Confederation of Passenger Transport UK, which, broadly speaking, ascribes to each bus in the operator’s fleet a proportion of the total overheads incurred in operating the whole fleet; the ‘standing charge’ approach. The insurer appealed saying that the correct calculation was by reference to interest on capital together with an allowance for depreciation and other fixed charges referable to the damaged vehicle.
Held:
Moore-Bick, Rimer, Underhill LJJ
[2013] EWCA Civ 887
European Communities (Rights against Insurers) Regulations 2002
England and Wales
Cited – The Owners of No 7 Steam Sand, Pump Dredger v The Owners of SS ‘Greta Holme’ HL 1897
The plaintiff’s vessel, a sand dredger, was being used to deepen the river near the landing stage. It was damaged in a collision with the ‘Greta Holme’, for which the latter was solely responsible. The dredger was out of action for fifteen weeks and . .
Cited – The Owners of the Steamship Mediana v The Owners, Master and Crew of the Lightship Comet HL 1900
A lightship was damaged by negligence. The plaintiff harbour board kept a ship ready for emergencies, and consequently the damaged ship was replaced with the spare while she was being repaired. The question was whether the claimant could recover . .
Cited – Admiralty Commissioners v Owners of the Steamship Susquehanna; The Susquehanna HL 1926
An Admiralty oiler, the ‘Prestol’, was damaged in a collision with the defendants’ vessel in the Baltic. Her place was taken by another oiler, the ‘Belgol’, which was withdrawn from service on the Clyde. In effect, the Admiralty was able to make do . .
Cited – Admiralty Commissioners v Chekiang (Owner), The Chekiang HL 1926
There had been a collision at sea in which the defendant’s vessel caused damage to HMS Cairo. The House was asked to assess damages after damage to the plaintiff’s vessel, and whether in the case of a warship the registrar had been entitled to award . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.513518
(New South Wales) Two ships had collided, after, without negligence, an anchor on one ship failed. The Supreme Court had found the crew negligent after failing to react appropriately to the loss of the anchor. The company now appealed against the damages awarded against it.
Held: The Board approved the reasoning of Jacob J in Caltex.
Lord Fraser approved the statement of principle constituting the limit or control mechanism to be imposed upon the liability of a wrongdoer towards those who have suffered economic loss on consequence of negligence.
Fraser of Tullybelton, Roskill, Brandon of Oakbrook, Templeman, Griffiths LL
[1986] 1 AC 1, [1985] UKPC 21, [1985] 3 WLR 381, [1985] 2 Lloyd’s Rep 303, [1985] 2 All ER 935
Australia
Approved – Caltex Oil (Australia) Pty Ltd v Dredge ‘Willemstad’ 9-Dec-1976
Austlii (High Court of Australia) Negligence – Duty of care – Foreseeability of harm – Economic loss not consequential upon damage to person or property – Damage to property of one person – Economic loss suffered . .
Cited – Elliot Steam Tug Co Ltd v Shipping Controller CA 1922
Scrutton LJ said: ‘At common law there is no doubt about the position. In case of a wrong done to a chattel the common law does not recognize a person whose only rights are a contractual right to have the use or services of the chattel for purposes . .
Cited – D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.331085
Land had been compulsorily acquired for a road. The plaintiff was granted on appeal under section 18 of the 1961 Act a certificate of appropriate alternative development in respect of the land acquired, namely that the land acquired would have been suitable for residential development.
Held: On a valuation on a compulsory purchase of land, the value is not dependent on findings on probabilities or even that ‘it could reasonably have been expected that planning permission would be granted’.
Stuart Smith LJ set out the four elements for an issue estoppel: ‘It is common ground that four matters have to be established if there is to be an issue estoppel. ‘(1) The issue in question must have been decided by a court or tribunal of competent jurisdiction.
(2) The issue must be one which arises between parties who are parties to the decision. This also is accepted.
(3) The issue must have been decided finally and must be of a type to which an issue estoppel can apply.
(4) The issue in respect of which the estoppel is said to operate must be the same as that previously decided.’ and ‘Where a court or tribunal has to decide what would have happened in a hypothetical situation which does not exist, it usually has to approach the matter on the basis of assessing what were the chances or prospect of it happening. The chance may be almost a certainty at one end to a mere speculative hope at the other. The value will depend on how good this chance is. Where, however, the court or tribunal has to decide what in fact has happened as an historical fact, it does so on balance of probability; and once it decides that it is more probable than not, then the fact is found and is established as a certainty. This distinction is well illustrated by Davies v Taylor [1972] 3 All ER 836, [1974] AC 207 and Allied Maples Group Ltd v Simmons and Simmons (a firm) [1995] 4 All ER 907, [1995] 1 WLR 1602.,br />It would be unnecessary for the Secretary of State to evaluate the chance of the eastern route being the preferred alternative route in the event that the actual route was not chosen, provided it was more than 50%; but the Lands Tribunal would be concerned in assessing value to evaluate the chances of this happening more precisely.’
Stuart Smith LJ
[1996] 3 All ER 693
England and Wales
Appeal from – Porter v Secretary of State for Transport LT 1995
A positive section 17 (or section 18) certificate has been issued on the basis that the relevant land would be developed, or could only be developed, in conjunction with other land in the vicinity. It was argued that no assumption arose as a matter . .
Cited – Transport for London (London Underground Ltd) v Spirerose Ltd HL 30-Jul-2009
Compulsory Purchase Compensation – Land As it Is
The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.372588
The claimant sought payment for damages to his property after imprisoned Canadian troops were released and came into the town causing damage.
Held: Lord Sterndale said: ‘it is said that this camp under the circumstances ceased to be within the police district. The circumstances are that this camp was inhabited by soldiers who were under military discipline and control by military police. It was more convenient and very much wiser that soldiers . . should be controlled by their own police than by the civilian police in the district . . But that is a long way from saying that the camp and the soldiers are to be taken out of the jurisdiction, if I may call it so, of the civilian police, and that the civilian police are in law to be deprived of the rights they would otherwise have within that part of the police district. There is no foundation, in my opinion, for saying anything of that sort. For convenience the officers wisely employed pickets and military police to look after the soldiers, and for convenience the police do not interfere, as a rule, but they still maintain their rights in that part of the police district just the same as they do in other parts of it. There may be difficulties in their way in exercising those rights because of the necessarily superior forces possessed by the military powers in time of war; but that does not affect the legal position in the least. Therefore it seems to me quite clear that this camp was within the police district, and the first requisite to bring the matter within the act is satisfied.’
Warrington LJ said: ‘Then it is said that the act must be so construed, whether by rule of commonsense or otherwise, as to exclude for the purposes of the Act from the expression ‘Police District’ any district in which a body, not the ordinary civilian police, is by law charged with the maintenance of law and order, and is itself empowered to maintain a police force; and it is said that this area is such a district because the military authorities were charged with the maintenance of law and order, I suppose so far as those who were under their jurisdiction were concerned, and were empowered to maintain a police force. In my opinion that proposition is quite unsustainable; there is no authority for it; nor can I in reason see any ground for contending that, because the particular individuals who formed the military body were subject to military discipline, the area in which they lived should be withdrawn from the ordinary police protection of the rest of the county . . But it is said that because they were soldiers and because their offence had the added gravity of being a mutiny, therefore they were not in civil law riotously and tumultuously assembled together. Really I fail to follow that. The Act of Parliament makes no exception at all – it provides simply that if injury is done by any persons riotously and tumultuously assembled together, then compensation is to be paid by the police authority in whose district that riot takes place.’
Atkin LJ said: ‘The area is part of the county of Surrey, but it is said that by virtue of the powers which the military authorities possess, having taken possession of it as I have mentioned, that area ceased to be part of the police district as defined under the Act and was taken out of it . . No authority has been suggested for that proposition, and it cannot be contended that military barracks are an Alsatia. The law runs there. Everybody in the military barracks is subject to the criminal law and to the civil law, and the police authorities have the ordinary rights to enforce process there, subject to such limitations as may be imposed by the fact that the premises are premises of the Crown . . The argument to the contrary consisted of a combination of two circumstances – namely that they were both soldiers and acting within the area of the camp. It can hardly be doubted but that if they were soldiers, that is to say subject to military law, and this offence were committed outside the camp, it would be within the Act. I can see no reason why it should not be. The possibility of a disturbance by three or four soldiers, which is enough to constitute a riot, must have been well within the contemplation of the Legislature at the time when they made this provision, and if in fact a riot took place within a camp or within barracks and damage is done, I see no reason why a person so damaged should not recover compensation. In an ordinary case if damage is done in barracks, the damage for the most part would be done to Crown property. I am far from saying that the Crown would not be entitled under those circumstances to recover compensation. Of course questions would arise which under the Act with regard to damage would make it difficult in some cases, at any rate, to recover compensation. For the above reasons it appears to me that the case is made out.’
Lord Sterndale MR, Warrington and Atkin LJJ
[1923] 2 KB 70
England and Wales
Appeal From – Pitchers v Surrey County Council 1923
In 1919 there was a riot involving Canadian soldiers from a local Camp. They released fellow soldiers in custody and raided the officers’ mess, and damaged and stole the contents of a tailor’s shop and other shops known as ‘Tin Town’ – a group of . .
Applied – Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority CA 23-Oct-2009
The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.377516
The defendant had been found liable for infringing the claimant’s right of light. The court considered the proper measure of damages.
Held: The court should ask what might be the fair result of a hypothetical negiation for the sale of the right, bearing the context in mind, including the significant power of the dominant owner to prevent a development to demand some part of the likely profit. In the absence of evidence of the size of any profit, the court could use a multiplier.
Gabriel Moss QC
[2007] EWHC 212 (Ch), Times 14-Feb-2007
England and Wales
See Also – Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd ChD 4-Sep-2006
Dispute as to right of light – proposed development likely to breach right for dominant tenement. . .
Cited – Wrotham Park Estate Ltd v Parkside Homes Ltd ChD 1974
55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant.
Held: The restrictive covenant not to develop other than in . .
Cited – Bracewell v Appleby ChD 1975
The defendant wrongly used and asserted a right of way over a private road to a house which he had built.
Held: To restrain the defendant from using the road would render the new house uninhabitable. The court refused an injunction on the . .
Cited – Carr-Saunders v Dick McNeill Associates 1986
The claim was for interference with the plaintiff’s right to light.
Held: There is a need to approach infringements of easements of light with flexibility. The plaintiff’s subjective views as to the loss of light were not to the point. When . .
Cited – Amec Developments Limited v Jury’s Hotel Management (UK) Limited 2001
A hotel had been built so as to encroach across a building line in breach of covenant, allowing the hotel to have 25 more rooms than it would otherwise have enjoyed. The court considered conflicting evidence as to the capital value of the additional . .
Cited – Liverpool and Lancashire Properties Limited and Another v Lunn Poly Ltd and Another CA 15-Mar-2006
Where a tenant successfully obtained relief from forfeiture, and compensatory damages were payable under the 1858 Act in lieu of an injunction, and had assigned the lease for a profit the court could exceptionally use its equitable jurisdiction to . .
See Also – Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd ChD 9-Mar-2007
Dispute over right to light.
Gabriel Moss QC HHJ said: ‘I would deduce the following principles from these cases in relation to the assessment of damages for loss of the ability to prevent an infringement of a right to light at the point just . .
Cited – HKRUK II (CHC) Ltd v Heaney ChD 3-Sep-2010
The claimant sought a declaration that its property was free of a suggested right of light in favour of its neighbour . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 June 2022; Ref: scu.250597
It is a universal rule that the plaintiff cannot recover more than he has lost and that realities must be considered rather than technicalities. The damages to be awarded for personal injury including loss of earnings should reflect the fact that tax would have been payable on those earnings in a case where the damages would not be taxable in the hands of the recipient.
The plaintiff was awarded damages after being injured in a rail crash. In calculating damages for loss of earnings, the judge did not deduct from the plaintiff’s gross lost earnings the sums he would have had to have paid for income tax etc.
Held: The defendant’s appeal succeeded. Income tax and other deductions are to be taken into account in assessing both past and future loss of earnings in claims for damages for personal injuries.
Earl Jowitt said: ‘The broad general principle which should govern the assessment of damages in cases such as this is that the tribunal should award the injured party such a sum of money as will put him in the same position as he would have been in if he had not sustained the injuries (see per LORD BLACKBURN in Livingstone v. Rawyards Coal Co.) . . The principle can . . afford some guidance to the tribunal in assessing compensation for the financial loss resulting from an accident, and in such cases it has been referred to as ‘the dominant rule of law’ (see per Lord Wright in Liesbosch (Dredger) v. Steamship Edison (Owners), The Edison). There are, no doubt, instances to be found in the books of exceptional cases in which this dominant rule does not apply, as, for instance, in cases of insurance, or cases calling for exemplary or punitive damages, or in certain cases dealing with the loss of use of a chattel. But, as Lord Sumner said in Admiralty Comrs. v. Chekiang (Woners), The Chekiang: ‘The measure of damages ought never to be governed by mere rules of practice, nor can such rules override the principles of the law on this subject’.’
Lord Jowitt said that the award should be realistic so as properly to make god the plaintiff’s loss: ‘I agree with Lord Sorn in thinking that to ignore the tax element at the present day would be to act in a manner which is out of touch with reality. Nor can I regard the tax element as so remote that it should be disregarded in assessing damages… I see no reason why in this case we should depart from the dominant rule, or why the respondent should not have his damages assessed on the basis of what he has really lost; and I consider that, in determining what he has really lost, the judge ought to have considered the tax liability of the respondent.’ Lord Jowitt did not accept that the tax element should be disregarded to avoid benefitting the wrongdoer: ‘My Lords, It is, I think, if I may say so with the utmost respect, fallacious to consider the problem as though a benefit were being conferred on a wrongdoer by allowing him to abate the damages for which he would otherwise be liable. The problem is rather for what damages is he liable; and, if we apply the dominant rule, we should answer, ‘He is liable for such damages as, by reason of his wrongdoing, the plaintiff has sustained’.’
Lord Reid: ‘In considering the importance of practical difficulties, I would weigh them against the importance of the element of tax liability, with tax at modern levels, in determining the real loss which the plaintiff has suffered.’
Earl Jowitt, Lord Goddard, Lord Reid, Lord Radcliffe, Lord Tucker, Lord Jeith, Lord Somervell
[1956] AC 185, [1955] UKHL 4, [1955] 3 All ER 796, [1956] 2 WLR 41
England and Wales
Explained – 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 – Geoffrey Chatwin v Janice Lowther CA 21-May-2003
The case concerned the meaning of the phrase ‘compensation for earnings lost’ as it applied to self employed persons.
Held: The fact that a person’s accounts described fees as turnover, did not prevent them being still earnings within the Act. . .
Explained – Phipps v Orthodox Unit Trusts Limited CA 1958
The court discussed the case of BTC v Gourley: ‘Since that decision (i.e. Gourley) it has been established that where a claim is made for damages, whether for personal injuries or for wrongful dismissal, the income tax and surtax liability of the . .
Cited – West Suffolk County Council v W Rought Ltd HL 1957
The principle in Gourley v BTC was applicable to compensation for the compulsory acquisition of land used in a trade or business in a case where it was accepted that the compensation would not be taxable in the owner’s hands. . .
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 – Browning v War Office CA 1962
The plaintiff had been a technical sergeant in the United States Air Force; his pay had been $450 per month and after his injuries caused by the negligence of the defendants’ driver he received only a ‘veteran’s benefit’ of $217 per month
Cited – Metropolitan Police District Receiver v Croydon Corporation 1957
Where an employer is under a statutory obligation to pay wages whether the employee is fit for duty or not, the law is that the employee has suffered no loss and can recover no damages, and where the plaintiff continues to be paid these sums, they . .
Cited – O’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 June 2022; Ref: scu.181849
Lord Macmillan said: ‘Where the sufferer from a breach of contract finds himself in consequence of that breach placed in position of embarrassment the measures which he may be driven to adopt in order to extricate himself ought not to be weighed in nice scales at the instance of the party whose breach of contract has occasioned the difficulty. It is often easy after an emergency has passed to criticise the steps which have been taken to meet it, but such criticism does not come well from those who have themselves created the emergency. The law is satisfied if the party placed in a difficult position by reason of the breach of a duty owed to him has acted reasonably in the adoption of remedial measures and he will not be held disentitled to recover the cost of such measures merely because the party in breach can suggest that other measures less burdensome to him might have been taken.’
Lord Macmillan
[1932] AC 452, [1932] UKHL 1
England and Wales
Cited – Douglas Williams and others v Glyn Owen and Co CA 11-Jun-2003
Land was sold at auction. The particulars appeared to included valuable milk quota. The vendor was unable to complete, but no completion notice was served. The judge had held that the correct measure of damages was the difference (in financial . .
Cited – Pt Pan Indonesia Bank Ltd Tbk v Marconi Communications International Ltd CA 27-Apr-2005
The parties disputed the jurisdiction of the English courts over a letter of credit. It foresaw payment here and in sterling, made by the English bank as against the appropriate documents. Authority had been given for service out of the . .
Cited – Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) HL 9-Jul-2008
The parties contracted to charter the Achileas. The charterer gave notice to terminate the hire, and the owner found a new charterer. Until the termination the charterers sub-chartered. That charter was not completed, delaying the ship for the . .
Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Cited – Joyce v Bowman Law Ltd ChD 18-Feb-2010
The claimant asserted negligence by the defendant licensed conveyancers in not warning him of the effect of an option in the contract. He had been advised that it would allow him to choose to buy additional land, but it was in fact a put option. The . .
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.
Updated: 16 June 2022; Ref: scu.183571
When calculating interest on the loss of a primary family wage, the court was not to deduct benefits from such payments, and interest can be included in the total to be offset against his own liability to repay benefits.
Times 18-May-1998
Social Security (Recovery of Benefits) Act 1997
Scotland
Updated: 14 June 2022; Ref: scu.89452
Quantum of damages for admitted unlawful detention of the Claimant. The Claimant is one of a number of individuals who are part of a cohort of European Economic Area ‘rough sleeper’ cases. He was unlawfully detained pursuant to the Defendant’s policy of issuing removal papers to, and detaining, EEA nationals who were alleged to be homeless and therefore not exercising Treaty rights pursuant to the Immigration (EEA) Regulations 2006
[2019] EWHC 794 (Admin)
Immigration (EEA) Regulations 2006
England and Wales
Updated: 14 June 2022; Ref: scu.635269
The former employee appealed against the finding of the date of his dismissal. His preferred date would change the maximum award.
Held: The appeal failed.
Underhill QC Rec
[2001] UKEAT 1032 – 00 – 0202
Updated: 14 June 2022; Ref: scu.203540
The word ‘earnings’ in the Workmen’s Compensation Act 1897 is used in a popular sense, and means the sum which a workman gets for his work when he comes to it properly equipped according to the general understanding and practice of his particular trade.
By agreement with a collier, his employer deducted from his weekly wages a sum for the check weigh fund, the sharpening of picks, and the maintenance of lamps, and the supply of oil thereto.
Held that in estimating the compensation due for an injury under the Workmen’s Compensation Act 1897, the workmen’s earnings were his whole wages without any deduction
Lords Macnaghten, Shand, and Lindley
[1903] UKHL 449, 41 SLR 449
England and Wales
Updated: 13 June 2022; Ref: scu.630579
Economic loss. Component of machine defective because of negligence of suppliers breaks and wrecks rest of machine. Claim in tort by owner against suppliers for replacement cost of rest of machine and consequential loss of production fails. Rest of machine held not to be ‘other property’, so that recovery excluded. Murphy v. Brentwood DC [1991] 1 AC 398 (HL) applied. Preliminary issue on partly assumed and partly agreed facts decided in favour of defendant suppliers.
[1998] EWHC Technology 322
Updated: 13 June 2022; Ref: scu.201752
Nelson J
[2001] EWHC QB 453
England and Wales
Cited – Knauer v Ministry of Justice SC 24-Feb-2016
The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 June 2022; Ref: scu.201650
Defendant’s application for leave to appeal against judgment of assault, false imprisonment and malicious prosecution for the claimant.
Held: Appeal dismissed.
Hale, Longmore LJJ
[2001] EWCA Civ 1405
England and Wales
Updated: 13 June 2022; Ref: scu.201254
The claimant had ‘neither pleaded nor shown any damage to him during the course of his employment which resulted from his employer’s conduct. The only damage which is demonstrated is that which followed from his dismissal and, arguably, the manner of his dismissal. That damage if it exists has been held in Johnson to be irrecoverable in a Common Law action’.
Schiemann LJ
[2001] EWCA Civ 888
England and Wales
Cited – Johnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 June 2022; Ref: scu.201114
Kennedy, Chadwick, Rougher LJJ
[2001] EWCA Civ 1192, [2002] 1 P and CR DG8
England and Wales
Updated: 13 June 2022; Ref: scu.201170
Costs had been awarded against the third party, the parent company of the defendant. Leave to appeal was sought.
Held: It was arguable that the judge had not taken into account properly the interest of the company in protecting the interests of creditors and not just itself. Leave was given.
Kay LJ, Keene LJ
[2001] EWCA Civ 1019
England and Wales
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 June 2022; Ref: scu.201169
The Claimant was a child who would have been dependant on his deceased young mother only until adulthood. When the trial took place the infant Plaintiff was 11.5 with a dependency until the age of 18. As the multiplier calculated as at the date of death was 12 there was only one half of a year left for the future dependency.
Held: The Court was bound by the date of death calculation rule even though the multiplier was effected primarily by the Claimant’s needs. ‘The power to deprive a tardy litigant of interest when he is guilty of unjustifiable delay is an essential discipline.’
The court was asked as to the quantification of damages for a child after the death of his mother in giving birth to him.
Farquharson LJ, Lord Justice Ralph Gibson
[1991] 2 QB 408, [1990] EWCA Civ 15
England and Wales
Cited – Eagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
Cited – Coulson v Newsgroup Newspapers Ltd QBD 21-Dec-2011
The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant . .
Cited – Knauer v Ministry of Justice SC 24-Feb-2016
The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.200641
EAT Sex discrimination: compensation – An award of compensation for injury to feelings, pursuant to a finding of unlawful discrimination on the grounds of gender or victimisation is to be made without reference to taxation. The Tribunal correctly decided this matter.
Where an employee had, in mitigation of her losses, undertaken an education course, it was a question of fact for the Tribunal to decide whether or not such step was reasonable. The Respondent’s appeal against this Decision was dismissed.
The calculation of loss of pension should be based upon the guidelines to Employment Tribunal Chairmen and, where such pension loss is claimed to extend beyond two years, the substantial loss formula rather than the ‘simplified approach’ should be adopted. Remitted for written submissions to the Employment Tribunal.
McMullen QC HHJ
[2004] UKEAT 0801 – 03 – 1208, UKEAT/0801/03(2), [2004] IRLR 857, [2005] ICR 374
England and Wales
See Also – Vince-Cain v Orthet Ltd EAT 5-Mar-2004
Unfair Dismissal – Reason for dismissal – Refusal of an application by an employer to argue that it is wrong in law under SDA 1975 section 65 to gross up an award for compensation when its own submission to the opposite effect had been accepted by . .
Cited – Timothy James Consulting Ltd v Wilton EAT 5-Mar-2015
EAT Harassment – SEX DISCRIMINATION – Injury to feelings
SEX DISCRIMINATION – Other losses
The Claimant resigned from the Respondent company and was found by the Employment Tribunal to have been . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.200577
The pursuer sought damages from an injury suffered duping the course of his employment. He particularly asserted that though he had not been part of a company pension, he had now lost the financial ability to make his own contributions to his personal pension. The defenders said this was a duplicate claim, and that there were insufficient averments to allow them to prepare an answer. The court held that the claim was not unarguable and should be allowed to proceed.
[2001] ScotCS 223, [2001] ScotHC 106
Scotland
Updated: 11 June 2022; Ref: scu.166270
DISABILITY DISCRIMINATION – Compensation
DISABILITY DISCRIMINATION – Loss/mitigation
DISABILITY DISCRIMINATION – Burden of proof
The Law Reform (Contributory Negligence) Act 1945 can apply to some discrimination claims, but reduction of an award for contributory negligence would rarely, if ever, be justified because of the difficulties in applying the concept of ‘fault’ to the victim of a discrimination claim and the fact that the discriminator may have acted without ‘fault’ in the sense of the 1945 Act.
The obiter dictum in Way v Crouch [2005] ICR 1362, EAT at [11] that ‘compensation in a sex discrimination case (and by analogy in other discrimination claims) is subject to the [1945] Act’ is too broad. The essence of the right not to be discriminated against could be impaired by over-wide application of the 1945 Act. A contributory negligence argument in a discrimination claim may be more appropriately treated as an allegation of failure to mitigate loss.
The tribunal had not erred in its assessment of the quantum of non-financial loss (psychiatric injury and injury to feelings) for disability discrimination. The awards for injury to feelings and psychiatric damage were not flawed by misdirection in relation to causation of loss; nor were they perversely high or flawed by double counting.
The tribunal had rightly rejected the Claimant’s invitation to impose a financial penalty on the First Respondent under section 12A(1) of the Employment Rights Act 1996 for deliberate and repeated breaches of employment law.
The tribunal had also rightly rejected the invitation of the Claimant to award aggravated damages. The Appeal Tribunal shared the lack of enthusiasm for such awards expressed by the Appeal Tribunal in Commissioner of Police for the Metropolis v Shaw [2012] ICR 464.
[2018] UKEAT 0056 – 18 – 0612
Law Reform (Contributory Negligence) Act 1945
England and Wales
Updated: 11 June 2022; Ref: scu.635147
[1879] SLR 16 – 530
Scotland
Appeal from – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.614752
The claimant baby had suffered catastrophic injuries at birth in the defendant’s hospital. Liability having been admitted, the court now considered whether damages should be paid as a lump sum or by periodical payments.
Held: ‘ the form of award which best meets this Claimant’s needs in respect of the provision of future care is a lump sum award. For the reasons set out above I consider that it is most unlikely that periodical payments linked to RPI will meet the future care costs in this case. On the contrary, I consider that there is a very strong probability that divergence between RPI and the actual cost of the provision of care will result in a massive shortfall of provision. By contrast, I consider that there is, realistically, a good prospect of meeting actual care costs from the lump sum award. ‘
Lloyd Jones J
[2006] EWHC 2833 (Admin), (2007) 95 BMLR 240, [2007] LS Law Medical 303
England and Wales
Cited – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Cited – Wells v Wells; Thomas v Brighton Health Authority; etc HL 16-Jul-1998
In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care.
Held: The appeals succeeded. . .
Cited – Flora v Wakom (Heathrow) Ltd CA 28-Jul-2006
The claimant was severely injured and claimed for loss of future earnings and future care. The defendant admitted liability. In the statement of case for damages, the claimant contended that, if the court made an order for periodic payments, it . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.376257
(Supreme Court of New South Wales – Court of Appeal) The plaintiff, who had been negligently discharged from a psychiatric hospital, was acquitted of murdering a woman six hours later on the ground of mental illness but ordered to be detained in strict custody as a mental patient. Held; the court applied the maxim if ex turpi cause non oritur actio.
Austlii NEGLIGENCE – duty of care – nature and content of duty of care owed to psychiatric patient – Mental Health Act 1900 – ex turpi causa non actio – public policy – causation.
[2005] NSWCA 33, (2005) 63 NSWLR 22
Australia
Cited – Gray v Thames Trains and Others HL 17-Jun-2009
The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.347284
(Supreme Court of Canada) The injured plaintiff sought damages for future loss of earnings and for the cost of future care.
Held: Dickson J said: ‘It is clear that a plaintiff cannot recover for the expense of providing for basic necessities as part of the cost of future care while still recovering fully for prospective loss of earnings. Without the accident, expenses for such items as food, clothing and accommodation would have been paid for out of earnings. They are not an additional type of expense occasioned by the accident.
When calculating the damage award, however, there are two possible methods of proceeding. One method is to give the injured party an award for future care which makes no deduction in respect of the basic necessities for which he would have had to pay in any event. A deduction must then be made for the cost of such basic necessities when computing the award for loss of prospective earnings: ie the award is on the basis of net earnings and not gross earnings. The alternative method is the reverse: ie to deduct the cost of basic necessities when computing the award for future care and then to compute the earnings award on the basis of gross earnings.
The trial judge took the first approach, reducing loss of future earnings by 53 per cent. The Appellate Division took the second. In my opinion, the approach of the trial judge is to be preferred. This is in accordance with the principle which I believe should underlie the whole consideration of damages for personal injuries: that proper future care is the paramount goal of such damages. To determine accurately the needs and costs in respect of future care, basic living expenses should be included.
The costs of necessaries when in an infirm state may well be different from those when in a state of health. Thus, while the types of expenses would have been incurred in any event, the level of expenses for the victim may be seen as attributable to the accident. In my opinion, the projected cost of necessities should, therefore, be included in calculating the cost of future care, and a percentage attributable to the necessities of a person in a normal state should be reduced from the award for future earnings.’
Laskin CJ and Martland, Judson, Ritchie, Spence, Pigeon, Dickson, Beetz and de Grandpre JJ
[1978] 2 SCR 229, (1978) 83 DLR (3d) 452, [1978] 1 WWR 577, 1978 CanLII 1 (SCC), 8 AR 182, 3 CCLT 225, AZ-78111098, [1978] CarswellAlta 214, [1978] SCJ No 6 (QL)
Canada
Applied – Watkins v Olafson 1989
(Supreme Court of Canada) The plaintiff sought damages for his injury. He was cared for by the state between the accident and the trial and so had no claim for the cost of care during that period. The Appeal Court (British Columbia) had held that in . .
Cited – O’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
Cited – Heil v Rankin, Rees v Mabco (102) Ltd, Schofield v Saunders and Taylor Ltd and Other cases CA 23-Mar-2000
The Law Commission had recommended that the general level of damages awarded for pain suffering and loss of amenity in personal injury cases should be raised. The Court now considered several cases on the issue.
Held: The court would do so. . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.250033
The respondent was responsible for a canal which overflowed onto the claimant’s land causing damage to the claimant’s business providing christmas trees. The defendant criticised the lack of accounting records.
Held: The claimants operated under a tax scheme which left their income exempt, and so the absence of records was not sinister. The assertion by the defendants was startling. They accepted that some 13,500 trees had been lost, but that the claimant had suffered no loss. The claimants had established their losses.
Her Honour Judge Frances Kirkham
[2005] EWHC 3094 (TCC)
England and Wales
Cited – Rylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .
Cited – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.237607
Counsel had wished to open his case to the jury with a reference to the fall of pounds 10m in the plaintiff company’s market capitalisation which occurred because of the defendant’s article complained of. It was said that the fall in the share price was admissible evidence as one indicator of the effect of the article on the goodwill of the company. The Court decided that evidence of the share price movement should be excluded, because no notice had been given that the point was intended to be relied on, and there was to be no evidence as to causation: the jury were simply being asked by to infer causation from the fact of the fall that occurred after the publication.
Held: Rose LJ: ‘With regard to the evidence of share price, I am prepared to accept that this may be relevant to goodwill as well as to special damages, as Lord Williams submits, and that so far as it is relevant to good will rather than special damage, it does not have to be pleaded’.
Rose LJ, Hoffmann LJ
Unreported, 11 November 1993
England and Wales
Cited – Collins Stewart Ltd and Another v The Financial Times Ltd QBD 20-Oct-2004
The claimants sought damages for defamation. The claimed that the article had caused very substantial losses (andpound;230 million) to them by affecting their market capitalisation value. The defendant sought to strike out that part of the claim. . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.220035
The claimant sought damages for assault. In the course of a tempestuous relationship, she said the respondent had physically assaulted her in Barbados. He was later convicted of soliciting her murder. She sought and was awarded aggravated damages, but the judge failed to explain his award.
Held: ‘in cases of assault and similar torts, it is appropriate to compensate for injury to feelings including the indignity, mental suffering, humiliation or distress that might be caused by such an attack, as well as anger or indignation arising from the circumstances of the attack. It is also now clearly accepted that aggravated damages are in essence compensatory in cases of assault. Therefore we consider that a court should not characterise the award of damages for injury to feelings, including any indignity, mental suffering, distress, humiliation or anger and indignation that might be caused by such an attack, as aggravated damages; a court should bring that element of compensatory damages for injured feelings into account as part of the general damages awarded. ‘
Lord Justice Jacob Lord Justice Thomas
[2004] EWCA (Civ) 1127, Times 10-Sep-2004
England and Wales
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
Cited – AB v South West Water Services Ltd CA 1993
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility.
Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if . .
Cited – Westward Hardy 1964
The defendant injured the plaintiff with a scythe in circumstances where the defendant erroneously believed that she was on his land.
Held: the defendant’s conduct was wholly unjustifiable and malicious and awarded andpound;550 for damages . .
Cited – W v Meah 1986
The defendant had attacked two women, one he raped and the other he seriously sexually assaulted. They both brought actions claiming damages for personal injuries. The woman who was raped was subjected to what was described by the trial judge as . .
Cited – Appleton and others v Garrett 1996
The plaintiffs were patients of the defendant dentist who had carried out unnecessary treatment on them; they claimed damages for trespass and sought aggravated damages.
Held: There was no reason in principle why awards of aggravated damages . .
Cited – Lawson v Glaves-Smith, Executor of the Estate of Dawes (Deceased) QBD 14-Nov-2006
The claimant sought damages saying that she had been falsely imprisoned, raped and drugged by the defendant who had since died.
Held: The court had only the evidence of the claimant, and must be careful in examining it. On that evidence the . .
Cited – Martins v Choudhary CA 20-Dec-2007
The appellant appealed the award of damages for personal injury and harrassment. He was said to have driven the claimant off the road and to have made racist remarks. He had previously been found to be in contempt of court for breaches of . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.200248
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison.
Held: The statutory scheme replaced an ex gratia scheme, and there was little guidance as to the calculations involved. The ex gratia scheme had required the payments to be made on common law principles where these were clearly analgous. Two considerations applied: the closeness of ‘the fit’ between the nature of the claim under the scheme and any civil law candidates as sources for analogous principles of assessment. Second is, if there is such ‘a fit’, the clarity and/or precision of such analogous principles as tools or guides for assessment of scheme compensation. The Independent Assessor should, save where it was unjust or otherwise inappropriate, apply common law principles whenever such principles are clear and capable of application by analogy. For non-pecuniary loss, this will usually involve principles of the assessment of damages for malicious prosecution and/or false imprisonment.’ The legislation was intended to provide for all forms of loss, including loss of reputation, subject to deductions from all but any personal injury element.
Lord Justice Auld Mr Justice Gage Lord Justice Longmore
[2004] EWCA Civ 1035, Times 07-Sep-2004
England and Wales
Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Commissioner of Police for Metropolis v Gerald CA 10-Jun-1998
Damages for distress falling short of physical injury should be recovered as an element of any aggravated damages, not as part of the basic award. A failure to discipline a police officer responsible for the injury was not capable of aggravating the . .
Appeal from – Regina (on the Application of O’Brien, Hickey, Hickey) v Independent Assessor QBD 16-Apr-2003
The claimants were to be awarded damages for having been wrongly imprisoned for many years. The respondent was to calculate the award. They complained that he had refused to particularise the award to identify and itemise non-pecuniary loss.
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – Lunt v Liverpool City Justices CA 5-Mar-1991
A man of good reputation had been imprisoned for forty two days wholly unjustifiably for alleged default in payment of rates. He sought damages.
Held: The Court increased the award from andpound;13,500.00 to andpound;25,000.00. Commenting on . .
Cited – Walter v Alltools 1944
The court considered damages to be awarded for false imprisonment: ‘ . . any evidence which tends to aggravate or mitigate the damage to a man’s reputation which flows naturally from his imprisonment must be admissible up to the moment when damages . .
Cited – Regina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
Cited – De Silva Pontes v Portugal ECHR 23-Mar-1994
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (six month period); Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and . .
Cited – Rolf Gustafson v Sweden ECHR 1-Jul-1997
Article 6 was engaged by an application for compensation under a statutory compensation scheme. . .
Cited – Runa Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
Cited – Meah v McCreamer (No 1) QBD 1985
The claimant had suffered serious brain damage as a result of the defendant’s negligence, resulting in a personality change which caused him to commit offences for which he was imprisoned. He sought damages for that imprisonment.
Held: Woolf J . .
Cited – Hodgson v Trapp HL 10-Nov-1988
The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury.
Held: They should be. Damages for negligence are . .
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 – Lim Poh Choo v Camden and Islington Area Health Authority HL 21-Jun-1979
The plaintiff was catastrophically injured. Her life expectation was not affected, but she would never be able to work at her expected profession as a doctor, and was entitled to recover for loss of earnings. The defendant said that there was in . .
Cited – Regina v Butcher CACD 1989
Where two defendants receive different sentences from different judges on indistinguishable facts, criminal records and personal circumstances and the one receiving the harsher sentence appeals on the basis of disparity, the Court will only allow . .
Cited – Regina v National Insurance Commissioner, ex parte Social Services Secretary CA 1981
The court emphasised the need for consistency in relation to decisions of a social service commissioner. . .
Cited – Regina v Poplar Coroner ex parte Thomas CA 15-Dec-1992
The deceased, aged 17, had had a severe asthma attack. The ambulance was delayed and she was taken to the hospital, but died on the way there despite assistance from police officers and latterly the ambulance staff. Evidence suggested that she might . .
Cited – Regina v Hertfordshire County Council, ex parte Cheung 4-Apr-1986
The court emphasised the need for consistency in the award of educational grants. . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Urmaza QBD 23-Jul-1996
A deportee after a marriage was to be treated in the same way as others despite desertion from ship. The application of the Home Secretary’s discretion under the Policy was in issue. The case ‘raises a novel question about the extent to which . .
Cited – M v the Secretary of State for the Home Department CA 19-Feb-2003
The applicant had been given indefinite leave to remain in England, but was later convicted of indecent assault, and recommended for deportation. On appeal the court said that the order for deportation was disproportionate. After serving his . .
Cited – Regina v Secretary of State for Home Department ex parte Gangadeen Admn 15-Nov-1996
The Court should not intervene in a minister’s decision in application of his own policy unless he disregarded it, or the decision was inherently irrational. . .
Cited – Pickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
Cited – ex parte Wilkins 2000
The rules requiring consistency of decisions does not require a decision-maker to repeat what he sees to be a past error. . .
Cited – Lim Poh Choo v Camden and Islington Area Health Authority HL 21-Jun-1979
The plaintiff was catastrophically injured. Her life expectation was not affected, but she would never be able to work at her expected profession as a doctor, and was entitled to recover for loss of earnings. The defendant said that there was in . .
Cited – Harris v Empress Motors CA 1984
When calculating a dependency loss, the modern practice was ‘to deduct a percentage from the net income figure to represent what the deceased would have spent exclusively on himself’. The conventional figure for a married couple was said to be 33% . .
Application for leave – Hickey and others v Independent Assessor CA 25-Feb-2004
Application for leave to appeal on measure of award of compensation for long time spent in prison as a result of miscarriage of justice. . .
Appeal from – O’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.199734
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, include any element for a non-financial loss, such as injury to feelings arising from the dismissal itself.
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood
[2004] UKHL 36, Times 16-Jul-2004, [2005] 1 AC 226, Gazette 11-Mar-2004, [2004] ICR 1052
Employment Rights Act 1996 123(1)
England and Wales
Cited – Norton Tool Co Ltd v Tewson NIRC 30-Oct-1972
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages.
Held: The common law rules and authorities on wrongful . .
Appeal from – 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 – Johnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
Cited – Robert Normansell (Birmingham) Ltd v Barfield 1973
The court refused to award damages for non-economic loss after a dismissal, and particularly in this case for loss of job satisfaction. . .
Cited – Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International HL 12-Jun-1997
Allowance of Stigma Damages
The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination.
Held: It is an implied term of any contract of employment that . .
Cited – Wellman Alloys Ltd v Russell 1973
Only economic losses are recoverable following a dismissal. . .
Cited – W Devis and Sons Ltd v Atkins HL 6-Jul-1977
The ‘just and equitable’ test warranted the reduction or extinction of compensation for an employee who has been unfairly dismissed and then found to have been liable to summary dismissal. ‘The paragraph does not, nor did s. 116 of the Act of 1971, . .
Cited – Vaughan v Weighpack Ltd NIRC 1974
(National Industrial Relations Court) In a claim for compensation for unfair dismissal, the employee should be treated as having suffered a loss in so far as he received less than he would have received in accordance with good industrial practice. . .
At EAT – 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 . .
See Also – Kingston Upon Hull City Council v Dunnachie EAT 23-Jun-2003
EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal. . .
See Also – Kingston Upon Hull City Council v Dunnachie; HSBC Bank Plc v Drage EAT 7-Jul-2003
EAT Practice and Procedure – Costs
EAT Practice and Procedure – Costs. . .
Cited – Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others HL 15-Jul-2004
The first claimants were long standing employees. Mr Eastwood fell out with his manager, who disciplined him using false statements. When Williams refused to provide a false statement he too was disciplined. Each claimed damages for the injury to . .
Cited – Jones, Regina (on the Application of) v Ceredigion County Council Admn 22-Jun-2004
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school.
Held: Provided the . .
Cited – Langley and Another v Burso EAT 3-Mar-2006
The claimant had been dismissed shortly after becoming unable to work. She sought payment of her normal salary during the period of notice saying this was established good practice.
Held: ‘We are put in the invidious position of being bound by . .
Cited – Burlo v Langley and Carter CA 21-Dec-2006
The claimant had been employed by the defendants as a nanny. She threatened to leave, but then was injured in a car acident and given a sick note. The employer immediately engaged someone else. She was found to have been unfairly dismissed. The . .
Cited – Stuart Peters Limited v Bell EAT 22-Oct-2008
EAT UNFAIR DISMISSAL: Compensation/Mitigation of loss
The employee was unfairly constructively dismissed. She was entitled to a 6 month notice period that was not paid by the employees in that period, . .
Cited – Stuart Peters Ltd v Bell CA 30-Jul-2009
The claimant had a contract entitling her to six month’s notice. She left claiming constructive dismissed, but found work shortly after. She still sought the full six months’ pay. The EAT found in her favour. The employer appealed.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.198761
The claimants were due to have substantial sums repaid after it had been found that the system of making premature reclaims of advance corporation tax had been was discriminatory under European Law.
Held: The sums payable were to carry interest calculated on a compound interest basis.
Park J
Times 25-Jun-2004, [2004] EWHC 2387 (Ch), [2004] STI 1495, [2004] Eu LR 939, [2004] BTC 358, [2004] STC 1178
England and Wales
At First Instance – Sempra Metals Ltd v Inland Revenue Commissioners and Another HL 18-Jul-2007
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
Appeal from – Sempra Metals Ltd v Inland Revenue and Another CA 12-Apr-2005
The court was asked whether it was contrary to Community law – specifically, the provisions then contained in article 52 of the EC Treaty (now renumbered as article 43) – for the domestic tax law in the United Kingdom to differentiate, in the . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.198393
ECHR Judgment (Merits and just satisfaction) Preliminary objections dismissed (victim, non-exhaustion of domestic remedies) ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; No separate issue under Art. 13 ; No violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award
The applicant’s detention prior to trial, for a period of two years, had lasted an unreasonably long time.
Held: The European court found a violation of article 5(3). There was also a breach of article 5(4) relating to an application which the applicant had made to the public prosecutor to be released on bail. The prosecutor had transmitted the request to the domestic court, which had failed to deal with it. However the applicant’s detention on remand had been justified. In dealing with the claim under article 41, it noted that the period spent on remand had been deducted from the prison sentence which the applicant was ordered to serve following his conviction; and the court accepted that the deduction of a period of detention from the ultimate sentence removed the need for any further award in respect of non-pecuniary loss arising from a violation of article 5(3).
39359/98, [2004] ECHR 280
European Convention on Human Rights 5(3)
Cited – Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.198282
The claimant appealed against an award of compensation on the compulsory acquisition of his land by the defendant.
Held: The award was incorrect. The authority had wrongly deducted a sum in respect of ‘freed up time’ – which would have allowed the claimant to earn money elsewhere.
[2004] EWCA Civ 649
England and Wales
Cited – Director of Buildings and Lands v Shun Fung Ironworks Ltd PC 20-Feb-1995
Compensation is payable for losses properly anticipating resumption of possession of the land. The principle of equivalence gives rise to the statutory right to interest under section 11(1). The council explained the conceptual foundation of the . .
See also – Faraday v Carmarthenshire County Council (Formerly Llanelli Borough Council) CA 1-May-1997
. .
Cited – Waters and others v Welsh Development Agency HL 29-Apr-2004
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this . .
Appeal from – Faraday v Carmarthanshire County Council LT 20-Oct-2003
LT TAX – corporation tax – market value in June 1988 – backland formerly part of petrol filling station – likely grant of planning permission for housing – access – comparables – value determined at . .
See also – Faraday v Carmarthenshire County Council (Formerly Llanelli Borough Council) CA 1-May-1997
. .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.197962
The parties were negotiating for an under-lease. The lease provided for rent to increase along with rent reviews under the head lease. The solicitors failed to ascertain the rent under the head lease, to advise his client to have the property valued, or to explain the unusual clause. The rent was reviewd to an uneconomic rent, and the client sued his solicitor for negligence. He appealed dismissal of his claim.
Held: The solicitor was negligent. In exercising reasonable professional judgement he should have alerted his client to the consequences of the unusual clause. As to damages, the court was not restricted to the diminution in value. The plaintiff was entitled also to the costs of surrender and possibly to the cost of a lease whch would be saleable.
[1987] 1 All ER 289
England and Wales
Cited – Neighbour v Barker CA 1992
Purchasers had set out to buy the property without having a survey, relying upon representations as to its condition, later found to be fraudulent, from the vendor. The condition was discovered only after exchange of contracts. The purchasers’ . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.219184
The plaintiffs were unable to prove that they had paid for repair carried out to their building and rendered necessary by the defendants’ negligence.
Held: After referring to the general principle that a plaintiff who seeks to recover damages must prove that he has suffered loss: ‘but if property belonging to him has been damaged to an extent which is proved and the court is satisfied that the property has been or will be repaired I do not consider that the court is further concerned with the question whether the owner has had to pay for repairs out of his own pocket or whether the funds have come from some other source.’
Neill LJ
[1986] 1 WLR 1141
England and Wales
Cited – Alfred Mcalpine Construction Limited v Panatown Limited HL 17-Feb-2000
A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.218909
The local authority took children into care, reassuring the parents that they would be returned. They were not.
Held: There was no valid claim for damages for the distress arising from the loss of the company of a child. There was no cause of action in negligence. The authority was working within a statutory framework.
Ralph Gibson LJ said: ‘If there should be deliberate injury to a parent with reference to care or custody of her child, whether by deceit or by misfeasance in public office, it would not follow that, because there is no cause of action in negligence for loss of parental right, damages could not be recovered for such deliberate injury and its consequences.’
Ralph Gibson LJ
[1991] Fam 69, [1991] 2 WLR 1132
England and Wales
Distinguished – Hamilton Jones v David and Snape (a Firm) ChD 19-Dec-2003
The claimant was represented by the respondent firm of solicitors in an action for custody of her children. Through their negligence the children had been removed from the country. She sought damages for the distress of losing her children.
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.193439
A family claimed damages for a disappointing holiday. The generous measure of damages given to the father was that the father was being fully compensated for his own mental distress, but the rule of privity of contract operated to bar the claim for damages by a person not party to the contract.
Denning MR LJ said: ‘In Jarvis . . it was held by this Court that damages for the loss of a holiday may include not only the difference in value between what was promised and what was obtained but also damages for mental distress, inconvenience, upset, disappointment and frustration caused by the loss of the holiday . . People look forward to a holiday. They expect the promises to be fulfilled. When it fails, they are greatly disappointed and upset. It is difficult to assess in terms of money; but it is the task of the judges to do the best they can. I see no reason to interfere with the total award of andpound;1100.’
James LJ , Denning Mr L
[1975] 1 WLR 1468, [1974] EWCA Civ 12, [1975] 3 All ER 92
England and Wales
Cited – Radford v De Froberville 2-Jan-1977
A contract was made for the sale of a plot of land adjoining a house belonging to the plaintiff (the vendor) but occupied by his tenants, under which the defendant (the purchaser) undertook to build a house on the plot and also to erect a wall to a . .
Applied – Heywood v Wellers CA 1976
The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited . .
Cited – Milner and Another v Carnival Plc (T/A Cunard) CA 20-Apr-2010
Damages for Disastrous Cruise
The claimants had gone on a cruise organised by the defendants. It was described by them as ‘the trip of a lifetime.’ It did not meet their expectations. There had been several complaints, including that the cabin was noisy as the floor flexed with . .
Cited – Ruxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.218907
The court was asked to decide whether an interim award of damages should be limited to calculations up to the claimant’s sixteenth birthday.
Eady J
[2011] EWHC 1638 (QB), [2011] PIQR P18
England and Wales
Updated: 11 June 2022; Ref: scu.441247
The claimant was a secure tenant of English Churches Housing Group. He was unemployed and lived on benefits. He claimed damages against his landlord for breaches of the repairing covenants implied by section 11. The court considerd the appropriate level of damages. For the breach of landlord’s covenant to repair.
Held: The court allowed the landlord’s appeal and reduced the damages to andpound;8,000, subject to set-off in respect of some of the landlord’s costs. Where a tenant was awarded damages for a landlord’s breach of his covenant to repair, the damages awarded should reflect the rent payable under the lease. The tenant here had the benefit of a secure tenancy at a rent well below the market rent, and the damages were reduced accordingly. The court criticised the conduct of the hearing by the judge: ‘[The judge’s] behaviour is unacceptable. He is both abrupt and discourteous. He makes it clear he is not prepared to entertain argument, and gives no reasons.’
Lord Justice Keene and Lord Justice Wall
[2004] EWCA Civ 434, Times 02-Jun-2004, Gazette 20-May-2004, [2004] HLR 42
Landlord and Tenant Act 1985 11
England and Wales
Cited – McGriel v Wake CA 1984
. .
Cited – Fayner v Bilton 1878
. .
Cited – Wallace and others v Manchester City Council CA 23-Jul-1998
Damages payable to a tenant for a landlord’s failure to repair whilst the tenant remained in the property were not separate damages for discomfort and diminution in rental value since these amounted to the same thing: ‘for periods when the tenant . .
Cited – London Borough of Southwark v Kofi-Adu CA 23-Mar-2006
The authority complained that during the course of the trial, the judge had repeatedly intervened during oral evidence.
Held: A judge must be careful not to repeatedly intervene during oral evidence as opposed to counsel making submissions. . .
Cited – Regus (UK) Ltd v Epcot Solutions Ltd CA 15-Apr-2008
The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.197044
The water company appealed an award of damages after it had been found to have laid a water main under the claimant’s land without his knowledge or consent. The court had awarded restitutionary damages.
Held: The judge fell into error in awarding the exercise the judge sought to perform by awarding the additional sum of andpound;1560 was to compensate for the financial advantage to Severn Trent of using the main without having paid an appropriate sum by way of compensation during a period of 3 years up to the time (July 1995) when the judge considered that the matter would have been settled had Mr Barnes been properly advised. He had no right to an account of profits as well as a sum to compensate him for his loss. Award reduced accordingly.
Potter LJ said: ‘It is of course the position that in cases of trespass of this kind there is no right to a share in, or account of, profits in any conventional sense. The only relevance of the defendant’s profits is that they are likely to be a helpful reference point for the court when seeking to fix upon a fair price for a notional licence.’
Lord Justice Potter Lord Justice Jonathan Parker And Sir Swinton Thomas
[2004] EWCA Civ 570, [2004] 2 EGLR 95, [2004] 26 EG 194, [2005] RVR 181
England and Wales
Cited – Stoke City Council v W and J Wass 1998
The court decsribed the ‘user principle’ for awarding damages for inteference with land: ‘It is an established principle concerning the assessment of damages that a person who has wrongfully used another’s property without causing the latter any . .
Cited – HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening) HL 3-Aug-2000
Restitutionary Claim against Pofits from Breach
The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not . .
Cited – Martin v Porter 1839
Trespass to land – way-leave – unauthorised mining. . .
Cited – Jegon v Vivian 1871
Unauthorised mining of land – measure of damages.
Held: Although the value of his land may not have been diminished by the trespass, the plaintiff recovered damages equivalent to what he would have received if he had been paid for a wayleave. . .
Cited – Whitwham v Westminster Brymbo Coal and Coke Co CA 24-Jun-1896
Common law damages for the misuse of property involved an award of a sum equivalent to the price or hire that a reasonable person would pay for such use, even if the owner would not himself actually have been using the property. This case involved . .
Cited – Carr-Saunders v Dick McNeill Associates 1986
The claim was for interference with the plaintiff’s right to light.
Held: There is a need to approach infringements of easements of light with flexibility. The plaintiff’s subjective views as to the loss of light were not to the point. When . .
Cited – Bracewell v Appleby ChD 1975
The defendant wrongly used and asserted a right of way over a private road to a house which he had built.
Held: To restrain the defendant from using the road would render the new house uninhabitable. The court refused an injunction on the . .
Cited – Wrotham Park Estate Ltd v Parkside Homes Ltd ChD 1974
55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant.
Held: The restrictive covenant not to develop other than in . .
Cited – Jaggard v Sawyer and Another CA 18-Jul-1994
Recovery of damages after Refusal of Injunction
The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way.
Held: The appeal failed.
Cited – Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others ChD 19-Oct-2007
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement.
Held: In an action for breach . .
Cited – Ramzan v Brookwide Ltd CA 19-Aug-2011
The defendant had broken through into a neighbour’s flying freehold room, closed it off, and then included it in its own premises for let. It now appealed against the quantum of damages awarded. The judge had found the actions deliberate and with a . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.196772
The claimant sought damages for increased road noise resulting from traffic control measures taken by the respondent.
Held: The defendants action to strike out the claim could not succeed. They had not shown that the claim was unarguable, however difficult were the prospects of success.
Mr Justice Collins
[2004] EWHC 970 (QB)
European Convention on Human Rights 8
England and Wales
Cited – Hatton and Others v The United Kingdom ECHR 8-Jul-2003
More Night Flights No Infringement of Family Life
The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without . .
Cited – Anufrijeva v Secretary of State for the Home Department CA 22-Mar-2002
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum . .
Cited – Regina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .
Cited – Marcic v Thames Water Utilities Limited HL 4-Dec-2003
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.196629
Land adjoining a harbour at Vizagapatam which at that time was malarial was to be valued for compulsory purchase. The land contained a spring of clean water. The only potential purchaser of the special adaptability of the land as a water supply was the harbour authority. The High Court valued the land as partly waste and partly cultivated.
Held: The appeal was allowed. The market value of land subject to compulsory purchase should include such extra value as might be paid for the facility to collect fresh water which was generated by a spring on the land but which was presently going to waste. The value to be ascertained is not the price a ‘driven’ buyer would pay to an unwilling seller. Nor should the price be enhanced by the fact that compulsory powers have been obtained for carrying into effect a particular scheme for the profitable use of the subject land’s potentiality. The valuation must always be made as though no such powers had been obtained. But the possibility that the acquiring authority, as a willing buyer in a friendly negotiation, might be willing to pay more for land with its potentiality than without was not to be disregarded. That would not be to allow the existence of the scheme to enhance the value of the land: ‘even where the only possible purchaser of the land’s potentiality is the authority that has obtained the compulsory powers, the arbitrator in awarding compensation must ascertain to the best of his ability the price that would be paid by a willing purchaser to a willing vendor of the land with its potentiality in the same way that he would ascertain it in a case where there are several possible purchasers.’ The seller should not be regarded as disinclined to sell, nor should the buyer be regarded as under any urgent necessity to buy. ‘It must, of course, be conceded that the existence of the scheme must not be allowed to enhance the price, if by ‘scheme’ is meant the fact that compulsory powers of acquisition have been obtained for the purpose of carrying into effect a particular scheme for the profitable use of the potentiality. The valuation must always be made as though no such power had been acquired, and the only use that can be made of the scheme is as evidence that the acquiring authority can properly be regarded as possible purchasers.’
Lord Romer, Lord MacMillan, Sir George Rankin
[1939] AC 302, [1939] UKPC 15, [1939] 2 All ER 317
Commonwealth
Disapproved in part – In re Lucas and Chesterfield Gas and Water Board CA 1909
Land suitable for construction of a reservoir was the subject of a compulsory purchase for that purpose. The circumstances made it very unlikely that anyone other than the Water Board would have wanted, or been able, to construct the reservoir and . .
Cited – Waters and others v Welsh Development Agency HL 29-Apr-2004
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this . .
Applied – Lambe v Secretary of State for War CA 1955
The acquiring authority was a sitting tenant and the compulsory purchase order related to the freehold reversion.
Held: Rule 3 was inapplicable. The marriage value which a reversion has for a sitting tenant does not clothe the land with a . .
Cited – 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 . .
Cited – Multi-Link Leisure Developments Ltd v Lanarkshire Council SC 17-Nov-2010
The parties disputed the effect of an option clause in a lease, and particularly whether, when fixing the price, potential for development was to be included. The clause required the ‘full market value’ to be paid. The tenant appealed.
Held: . .
Cited – Loveridge v London Borough of Lambeth SC 3-Dec-2014
The Council had granted a weekly secure tenancy of the premises to the appellant. The Court considered the calculation of damages awarded for an unlawful eviction of a residential tenant.
Held: Section 28(1)(a) requires the basis of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.196506
An award of interest at a conventional rate includes an element in respect of the ‘real’ rate of return which an investor could expect to receive on a risk-free investment and an element to allow for inflation. Lord Diplock said: ‘that element of risk which is presented by inflation is taken care of in a rough and ready way by higher rates of interest obtainable as one of the consequences of it.’ As to the role of the Court of Appeal in setting levels for the award of damages: ‘it is an important function of the Court of Appeal to lay down guidelines . . The purpose of such guidelines is that they should be simple and easy to apply though broad enough to permit allowances to be made for special features of individual cases . . Guidelines laid down by an appellate court are addressed directly to judges who try personal injury actions; but confidence that judges will apply them means that all those who are engaged in settling out of court the many thousands of claims that never reach the stage of litigation at all, or if they do, do not proceed as far as trial, will know very broadly speaking what the claim is likely to be worth.’ and
‘The Court of Appeal, with its considerable case-load of appeals in personal injury actions and the relatively recent experience of many of its members in trying such cases themselves, is, generally speaking, the tribunal best qualified to set the guidelines for judges currently trying such actions, particularly as respects non-economic loss; and this House should hesitate before deciding to depart from them, particularly if the departure will make the guideline less general in its applicability or less simple to apply.
A guideline as to quantum of conventional damages or conventional interest thereon is not a rule of law nor is it a rule of practice. It sets no binding precedent; it can be varied as circumstances change or experience shows that it does not assist in the achievement of even-handed justice or makes trials more lengthy or expensive or settlements more difficult to reach. But though guidelines should be altered if circumstances relevant to the particular guideline change, too frequent alteration deprives them of their usefulness in providing a reasonable degree of predictability in the litigious process and so facilitating settlement of claims without going to trial.
As regards assessment of damages for non-economic loss in personal injury cases, the Court of Appeal creates the guidelines as to the appropriate conventional figure by increasing or reducing awards of damages made by judges in individual cases for various common kinds of injuries. Thus so called ‘brackets’ are established, broad enough to make allowance for circumstances which make the deprivation suffered by an individual plaintiff in consequence of the particular kind of injury greater or less than in the general run of cases, yet clear enough to reduce the unpredictability of what is likely to be the most important factor in arriving at settlement of claims.’
‘Non-economic loss . . is not susceptible of measurement in money. Any figure at which the assessor of damages arrives cannot be other than artificial and, if the aim is that justice meted out to all litigants should be even-handed instead of depending on idiosyncrasies of the assessor, whether jury or judge, the figure must be ‘a conventional figure derived from experience and from awards in comparable cases’.’
Lord Diplock
[1983] 2 AC 773
England and Wales
Cited – Rees v Darlington Memorial Hospital NHS Trust HL 16-Oct-2003
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages.
Held: The House having considered the issue in MacFarlane only . .
Cited – Mohammed Aslam v South Bedfordshire District Council CA 21-Dec-2000
The claimant appealed an award of the Lands Tribunal of compensation for an order discontinuing his use as a slaughterhouse of premises of which he held a long lease. The tribunal had applied a discount for wastage on sheep carcasses of 25%, but had . .
Cited – Rowlands v Chief Constable of Merseyside Police CA 20-Dec-2006
The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable.
Held: . .
Cited – Milner and Another v Carnival Plc (T/A Cunard) CA 20-Apr-2010
Damages for Disastrous Cruise
The claimants had gone on a cruise organised by the defendants. It was described by them as ‘the trip of a lifetime.’ It did not meet their expectations. There had been several complaints, including that the cabin was noisy as the floor flexed with . .
Cited – Heil v Rankin, Rees v Mabco (102) Ltd, Schofield v Saunders and Taylor Ltd and Other cases CA 23-Mar-2000
The Law Commission had recommended that the general level of damages awarded for pain suffering and loss of amenity in personal injury cases should be raised. The Court now considered several cases on the issue.
Held: The court would do so. . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.186957
The claimant sought damages after his negligent solicitors had saddled him with a ruinous underlease. They had had to buy themselves out of the lease. The court considered the date at which damages were to be calculated.
Held: The starting point is to calculate the damages as at th edate of the breach.
Bingham LJ said: ‘While the general rule undoubtedly is that damages for tort or breach of contract are assessed at the date of the breach, this rule also should not be mechanistically applied in circumstances where assessment at another date may more accurately reflect the overriding compensatory rule.’ The ‘diminution in value’ rule is almost always appropriate where property is acquired following negligent advice by surveyors; but that that is not an invariable approach and should not be mechanistically applied in cases where it may appear inappropriate. It was wholly inapt on these particular facts.
Sir Nicolas Browne-Wilkinson V-C observed that the diminution in value ‘rule’ was concerned with cases where the client had purchased for a capital sum a property having a capital value: which was not the instant case. In agreement with Bingham LJ, he thought that the sum needed to be paid by the plaintiffs to release themselves from the burdensome lease represented the true measure of damage under that particular head (there were other heads of damage claimed).
Bingham LJ, Sir Nicolas Browne-Wilkinson V-C
[1987] 1 WLR 916, [1987] ANZ Conv R 391, [1987] 1 All ER 289
England and Wales
Cited – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Cited – Dodd Properties (Kent) Ltd v Canterbury City Council CA 21-Dec-1979
The defendants had, in the course of building operations, caused nuisance and damage to the plaintiff’s building. The dispute was very lengthy, the costs of repair increased accordingly, and the parties now disputed the date at which damages fell to . .
Cited – Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar CA 27-Mar-1996
A solicitor failed in 1983 to advise a purchaser of the fact that premium she was paying on purchasing a leasehold flat was unlawful under the Act, and would be unrecoverable on the sale. Before trial however, in 1989 the law changed and the premium . .
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 – Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
Cited – 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 – Joyce v Bowman Law Ltd ChD 18-Feb-2010
The claimant asserted negligence by the defendant licensed conveyancers in not warning him of the effect of an option in the contract. He had been advised that it would allow him to choose to buy additional land, but it was in fact a put option. The . .
Cited – Bacciottini and Another v Gotelee and Goldsmith (A Firm) CA 18-Mar-2016
A property subject to a planning condition was purchased by the appellant under the advice of the respondent, who failed to notify him of the existence of a planning condition. The judge had awarded the claimant pounds 250 being the cost of the . .
Cited – Downs and Another v Chappell and Another CA 3-Apr-1996
The plaintiffs had suceeded in variously establishing claims in deceit and negligence, but now appealed against the finding that no damages had flowed from the wrongs. They had been sold a business on the basis of incorrect figures.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.181194
The plaintiff had been injured in an accident and had sued and recovered damages for his injuries in France. Later, his condition deteriorated. In France he would have been able to revive his action to claim further damages, but he sought a similar right from an English Court, claiming a right to do so under the Act because the deterioration had occurred exclusively whilst he was in England. The defendant and his insurers appealed a refusal to strike out the claimant’s claim.
Held: The claim should be struck out. The harmful even required by the Convention had occurred in France. The Bier case was not on all fours and was to be interpreted restrictively.
Lord Justice Peter Gibson, Lord Justice Mantell and Mr Justice Wall
Times 07-Mar-2002, Gazette 21-Mar-2002, [2002] EWCA Civ 75
Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (Cmnd 7395), Civil Jurisdiction and Judgments Act 1982
England and Wales
Cited – Handelskwekerij G. J. Bier BV v Mines de potasse d’Alsace SA ECJ 30-Nov-1976
Europa A discharge into the French part of the Rhine of saline waste caused alleged damage to the horticultural business of the first plaintiff, and to the waters of the Rhine in general in the Netherlands.
Cited – Cooley v Ramsey QBD 1-Feb-2008
The claimant sought damages after being severely injured in a road traffic accident in Australia caused by the defendant. The defendant denied that the court had jurisdiction to permit service out of the jurisdiction. The claimant said that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.167724
Two neighbours engaged an architect to draw up plans for a building at the rear of their houses. He charged them the full RIBA rate for the plans. They did not ask the architect to build the house or supervise the project but handed the plans to a builder, who made minor amendments, then submitted them as his own design. The architect sued for infringement of the copyright in the plans. He appealed an award of only nominal damages.
Held: The nominal award was correct. The contract included an implied term that the land owners would be free to use the plans to build the house, including necessary licences. The attribution was wrongful, but was not the source of damage.
Lord Denning M.R., Widgery and Megaw L.JJ
[1971] 1 QB 78, [1971] 2 WLR 503, [1971] 1 All ER 468
England and Wales
Approved – Beck v Montana Constructions Pty Ltd 1964
(New South Wales) . .
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.174046
The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing the value until the result was available.
Held: The starting point for measuring damages was the difference in value between its assumed good condition, and the condition reported. That was subject to the overriding need to put the claimant back into the position he would have been but for the negligence. Hindsight was admissible in calculating the loss.
Jonathan Gaunt QC
Gazette 23-Jan-2003, [2003] EWHC 475 (Ch)
England and Wales
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 . .
Cited – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
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 – Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar CA 27-Mar-1996
A solicitor failed in 1983 to advise a purchaser of the fact that premium she was paying on purchasing a leasehold flat was unlawful under the Act, and would be unrecoverable on the sale. Before trial however, in 1989 the law changed and the premium . .
Cited – Charles v Hugh James Jones and Jenkins (A Firm) CA 22-Dec-1999
Where a personal injury claimant’s claim had been lost because of the solicitor’s negligence, the notional time for assessment of damages was the time at which a trial might properly have been expected to have been held. This did not however . .
Cited – Morgan v Perry QBD 1973
The defendant surveyors had failed to notice cracks and other defects in a property. The plaintiff relied on their report and purchased, and now sought damages.
Held: The defendants had failed to exercise the reasonable care and skill of a . .
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.
Updated: 10 June 2022; Ref: scu.178848
Where supervening events might contribute to the personal injury suffered, the proper approach in apportioning compensation in respect of one occasion was in general terms to provide just and sufficient compensation for the injury caused without being excessive. There is no general or universal logical basis for rules in these situations. The possibility of hypothetical future injury should not be given any excess weight in assessing future losses of earnings.
Otton LJ observed that in Jobling, Lord Keith ‘was clear that the rule that he formulated, of ignoring the occurrence of a second tort when awarding damages against a first tortfeasor, could not be justified on any identifiable juristic basis, but rather was a just and practical solution to avoid the barrier to full compensation that would arise if the normal rules were applied to their full extent’.
Otton LJ
Times 20-Jun-2000, [2000] EWCA Civ 187, [2001] QB 272, [2001] PIQR Q3, [2000] 2 WLR 1173, [2000] Lloyd’s Rep Med 203, [2000] 3 All ER 138, [2000] IRLR 334
England and Wales
See Also – Heil v Rankin, Rees v Mabco (102) Ltd, Schofield v Saunders and Taylor Ltd and Other cases CA 23-Mar-2000
The Law Commission had recommended that the general level of damages awarded for pain suffering and loss of amenity in personal injury cases should be raised. The Court now considered several cases on the issue.
Held: The court would do so. . .
Distinguished – Chapman v Hearse, Baker v Willoughby HL 26-Nov-1969
The plaintiff, a pedestrian had been struck by the defendant’s car while crossing the road. The plaintiff had negligently failed to see the defendant’s car approaching. The defendant had a clear view of the plaintiff prior to the collision, but was . .
Cited – Jobling v Associated Dairies HL 1980
The claimant suffered an accident at work which left him with continuing disabling back pain. Before the trial of his claim he was diagnosed as suffering from a disease, in no way connected with the accident, which would in any event have wholly . .
Cited – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Cited – Lawson v Glaves-Smith, Executor of the Estate of Dawes (Deceased) QBD 14-Nov-2006
The claimant sought damages saying that she had been falsely imprisoned, raped and drugged by the defendant who had since died.
Held: The court had only the evidence of the claimant, and must be careful in examining it. On that evidence the . .
Cited – Vento v The Chief Constable of West Yorkshire Police (No 2) CA 20-Dec-2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed.
Held: The Court of Appeal looked to see whether there had been an error of law in the employment . .
Cited – Soutzos v Asombang and Others ChD 21-Jun-2011
The claimant had obtained a freezing order against the defendants. His claim having been dismissed, the court now considered if and what damages should be paid under the cross-undertaking he had given.
Held: Setting out and applying the . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.147220
An Industrial Tribunal can award damages for injured feelings on a complaint of action which fell short of a dismissal.
Held: Judge Peter Clark said: ‘It is nothing to the point that an award for injury to feelings cannot be recovered in a wrongful dismissal or unfair dismissal claim. They are different claims, compensated in different ways. We do not accept that a complaint under section 146(1) of the Act of 1992 can simply be categorised as less serious and therefore cannot allow of a head of compensation not provided for in claims of unfair dismissal or wrongful dismissal. Apart from the different wording of the section, the intention behind it is clear; an employee who is unfairly dismissed would normally suffer pecuniary loss, and that, Parliament has decided, will adequately compensate him for the wrong. In a case of action short of dismissal it may very well be that he can point to no pecuniary loss; nevertheless, Parliament has decided that he should be able to recover financial compensation ‘having regard to the infringement complained of’. That must, in our judgment, include injury to his feelings occasioned by the unlawful act.’
Judge Peter Clark
Times 04-Mar-1997, [1997] ICR 851, [1997] UKEAT 1046 – 96 – 1902
Trade Union and Labour Relations (Consolidation) Act 1992 149(2)
England and Wales
Cited – Heywood v Wellers CA 1976
The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited . .
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.79215
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, which payments he would not have received but for the incident. The section did not apply to prohibit from inclusion a calculation where the claim itself was for a loss to his contractual pension. The section should be applied so far as the nature of the benefit which was in issue was relevant to the assessment of that head of damages.
Lord Bingham of Cornhill Lord Steyn Lord Hope of Craighead Lord Hobhouse of Wood-borough Lord Scott of Foscote
Times 16-Jul-2001, [2001] UKHL 36, 2001 GWD 24-879, 2001 SLT 966, 2002 SCLR 185, 2002 SC (HL) 1
Administration of Justice Act 1982 10
Scotland
Appeal from – Cantwell v Criminal Injuries Compensation Board IHCS 9-Feb-2000
The petitioner appealed a refusal of his claim for compensation. He was a serving police officer injured whilst arresting an offender. He had retired on medical grounds and received pensions, which the Board found deductible from any award reducing . .
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 – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Cited – Paff v Speed 6-Apr-1961
(High Court of Australia) ‘The first consideration is what is the nature of the loss or damage which the plaintiff says he has suffered.’
Damages – Personal injuries – Matters to be considered in reduction of damages – Plaintiff policeman at . .
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 – Auty v National Coal Board CA 1985
A widow received a widow’s pension under a Coal Board scheme on the death of her husband, which had been caused by the defendants’ negligence.
Held: She did not have to give credit for this pension when the value of her dependency on her . .
Cited – 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 . .
Cited – John Leebody v Gordon Liddle SCS 31-Mar-2000
The pursuer’s claim for damages also included a claim for loss of pension rights. The amount of the difference between the pension which the pursuer would have received under his employers’ pension scheme had he retired at the age of 65 and the . .
Approved – John Leebody v Gordon Liddle SCS 31-Mar-2000
The pursuer’s claim for damages also included a claim for loss of pension rights. The amount of the difference between the pension which the pursuer would have received under his employers’ pension scheme had he retired at the age of 65 and the . .
Cited – Davidson v Upper Clyde Shipbuilders 1990
The pursuer could make no claim for loss of pension rights for the period after which she would have become entitled to a widow’s pension in her own right after her husband’s death. . .
Appealed to – Cantwell v Criminal Injuries Compensation Board IHCS 9-Feb-2000
The petitioner appealed a refusal of his claim for compensation. He was a serving police officer injured whilst arresting an offender. He had retired on medical grounds and received pensions, which the Board found deductible from any award reducing . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.162830
A solicitor failed in 1983 to advise a purchaser of the fact that premium she was paying on purchasing a leasehold flat was unlawful under the Act, and would be unrecoverable on the sale. Before trial however, in 1989 the law changed and the premium would now be recoverable.
Held: It was wrong to assess damages mechanistically, and though the usual rule would be to test the damages at the date of loss, it was right to include an assessment at the date of trial if that gave a better view of the actual loss.
Nourse LJ said: ‘the damages are to be assessed in the real world. Compensation is a reward for real, not hypothetical, loss. It is not to be made an occasion for recovery in respect of a loss which might have been, but has not been, suffered.’
Lord Justice Nourse, Lord Justice Ward and Lord Justice Schiemann
Gazette 01-May-1996, Times 05-Apr-1996, [1997] 2 EGLR 137
England and Wales
Cited – County Personnel (Employment Agency) Ltd v Alan R Pulver and Co (a Firm) CA 1987
The claimant sought damages after his negligent solicitors had saddled him with a ruinous underlease. They had had to buy themselves out of the lease. The court considered the date at which damages were to be calculated.
Held: The starting . .
Cited – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Cited – McKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd) ChD 14-Jan-2003
The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing . .
Cited – Bacciottini and Another v Gotelee and Goldsmith (A Firm) CA 18-Mar-2016
A property subject to a planning condition was purchased by the appellant under the advice of the respondent, who failed to notify him of the existence of a planning condition. The judge had awarded the claimant pounds 250 being the cost of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.82731
Mr Justice Martin Spencer
[2020] EWHC 3457 (QB)
England and Wales
Updated: 10 June 2022; Ref: scu.656967
The court can take judicial notice of the Ogden Tables.
1991 SC 315
Scotland
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.
Updated: 10 June 2022; Ref: scu.237503
The mother was tortiously killed, the father was no longer on the scene, and an aunt had to give up work to look after the three children.
Held: There were two heads of claim; the ‘disbursement dependency’, representing the mother’s financial contribution to the family in the form of a proportion of her wages; and the ‘services dependency’, representing the value of the mother’s services to her children qua parent. There was no objection in principle to both claims being advanced in the same action, and the services dependency claim could properly, in line with Mehmet v Perry, be assessed with reference to the aunt’s wages. The aunt’s relinquishing of her employment was reasonable and the quantum of her earnings were an appropriate surrogate for the value of the deceased mother’s services.
Simon Brown J
[1991] 1 WLR 1113, [1991] 1 All ER 484
England and Wales
Cited – Clenshaw v Tanner and others CA 27-Nov-2002
The claimant was a cyclist. He passed along inside a line of traffic, and collided with a lorry turning left into a petrol station ahead of him, suffering serious injuries. He appealed against a finding that the lorry driver had signalled and that . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.235351
Niru contracted to buy lead from Milestone, to be paid for in a letter of credit, against certifying documents produced for the purpose. Mr Mahdavi, the individual behind Milestone, procured CAI to finance the acquisition of warrants to be retained by them as security for repayment of their loan by, ultimately, the purchase price payable by Niru. False documents were issued by a forwarding agent, at the behest of Mr Mahdavi, such as to induce Bank Sepah to pay the price for the lead to CAI but CAI had already sold the warrants and, pursuant to instructions from Mr Mahdavi, had credited another of his companies with the proceeds. Thus Niru was liable to Bank Sepah for the purchase price under its counter-indemnity, Bank Sepah had paid the purchase price but neither of them had received any lead. The defendants appealed findings that Mr Mahdavi was liable in deceit and as an accessory to a breach of trust, CAI was liable in restitution and was SGS liable in negligence. The defendants were declared to be jointly and severally liable for the overall loss of Niru and Bank Sepah.
Held: The court dismissed the appeal of CAI in respect of the subrogation claim and allowed the appeal of SGS on the recoupment claim.
Auld LJ: ‘. . . the strict position appears to be that we remain bound by the decision in Friends’ Provident.
In these circumstances, although both parties made detailed submissions on the question whether a claim for restitution is a claim for ‘compensation’, I do not think it would be appropriate for me to express my own view on the point, at any rate unless it were necessary to do so in order to resolve the issues on this appeal. In the light of the conclusions which I expressed earlier it is not necessary to express such an opinion. I have already expressed my conclusion that if the 1978 Act applies the just result would be to order CAI to pay a contribution of 1000%, as was done in the Coys Case, and for similar reasons. No question of any possible conflict between the effects of subrogation, recoupment and contribution therefore arises. On the other hand, if the Act does not apply, the result is the same, namely that SGS is entitled to recover in full from CAI by way of subrogation or recoupment. In these circumstances, it is not necessary or appropriate for me to lengthen this judgment by my own analysis of the meaning of compensation in s.6(1) of the 1978 Act.’
Lord Justice Clarke Lord Justice Sedley
[2004] 2 Lloyd’s Rep 319, [2004] 2 All ER (Comm) 289, [2004] EWCA Civ 487, [2004] 2 Ll LR 319, [2004] 1 CLC 882
Civil Liability (Contribution) Act 1978
England and Wales
Cited – Charter Plc and Another v City Index Ltd and others ChD 12-Oct-2006
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. . .
Cited – Jeremy D Stone Consultants Ltd and Another v National Westminster Bank Plc and Another ChD 11-Feb-2013
The claimants asserted an equitable claim against funds held by the defendant bank in the name of a company owned by another defendant who they said defrauded them through a Ponzi investment scheme.
Held: The claim failed. On the evidence, the . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.196059
The claimant sought damages for having had its licence to catch Patagonian toothfish off South Georgia revoked, saying that it had infringed its property rights under the Convention.
Held: Though the Convention rights had been extended to cover the Falkland Islands and its dependencies, the rights under the first protocol had not been so extended, and the claim failed. In issuing an instruction the Queen had acted in right of the United Kingdom, and not the overseas territory, by reason of the particular facts of that case, and in particular (i) the fact that it was concerned with a dependent territory, not a sovereign state; (ii) the small size, population and resources of the territory; and (iii) the wording of its constitution. ‘…. In respect of the Protocol, South Georgia does not fall within its legal space on the ground that the Convention applies there, or for any other reason, or because the June instruction was unlawful as contrary to the law of England and Wales ….. ‘
Pill, Thomas and Jacob LJJ
[2004] EWCA Civ 527, Times 10-May-2004, [2005] I QB 93
European Convention on Human Rights
England and Wales
See also – Secretary of State for Foreign and Commonwealth Affairs v Quark Fishing Limited CA 30-Oct-2002
Order confirmed. ‘while for my part I have found nothing to demonstrate bad faith on the part of the Secretary of State, the history of this case has demonstrated to my mind that the approach taken to the public decisions that had to be made fell . .
Appeal from – Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs Admn 22-Jul-2003
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages.
Held: English law does not generally provide a remedy . .
Cited – Regina v Secretary of State for the Foreign and Commonwealth Office and Another, ex parte Bancoult Admn 3-Nov-2000
The applicant sought judicial review of an ordinance made by the commissioner for the British Indian Ocean Territory. An issue was raised whether the High Court in London had jurisdiction to entertain the proceedings and grant relief.
Held: . .
Cited – X v Belgium ECHR 1961
The Commission considered claims by long standing residents of the Belgian Congo who suffered as a result of upheavals on independence. One claim was based upon exclusion, albeit of Belgian nationals, from participation in the elections held in . .
Cited – Fitzgibbon v HM Attorney General ChD 9-Feb-2005
The claimant sought declarations that the government of Australia was not being conducted in accordance with the 1900 Act as it should be.
Held: Though the Act was an English Act, the Courts of England now have no jurisdiction over Australia: . .
Cited – Al-Jedda, Regina (on the Application of) v Secretary of State for Defence Admn 12-Aug-2005
The claimant was born an Iraqi, but had been granted British Nationality. He was later detained in Iraq suspected of membership of a terrorist group. No charges were brought, and he complained that his article 5 rights were infringed. The defendant . .
Appeal from – Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited HL 13-Oct-2005
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.196090