The parties disputed the date of valuation of an annuity during the course of the administration of an estate.
Held: The principle in Bwlfa was applied: ‘where facts are available they are to be preferred to prophecies’, and ‘Why should the court neglect known facts and put itself in the position of a prophet who, when he knows all the facts, projects himself to an earlier date and predicts as the span of life of a person known to be dead the length of life of the hypothetical person who lives his actuarial life?’
Judges:
Uthwatt J
Citations:
[1943] Ch 35, [1942] 2 All ER 629
Jurisdiction:
England and Wales
Citing:
Cited – Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co HL 1903
A coalmine owner claimed statutory compensation against a water undertaking which had, under its statutory authority, prevented him mining his coal over a period during which the price of coal had risen. The House was asked whether the coal should . .
Cited by:
Cited – Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 27 November 2022; Ref: scu.252485
