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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Damages - From: 1992 To: 1992

This page lists 19 cases, and was prepared on 27 May 2018.

 
Surrey County Council and Mole District Council v Bredero Homes Ltd [1992] 3 All ER 302
1992
ChD
Ferris J
Damages, Contract
Land was agreed to be sold for development in accordance with an existing planning permission. Instead a later permission was obtained, and more houses were built. The plaintiff had not sought to restrain or prevent the breach, but now sought damages for breach of covenant. Held: Only nominal damages were payable. The plaintiff was entitled to be put in the same financial position he would have been in but for the breach. He had no losses.
1 Cites

1 Citers


 
Wood v Bentall Simplex Ltd [1992] PIQR 332
1992
CA
Beldam LJ
Personal Injury, Damages
No aspect of the law of damages has been found in practice to be more dependent on the facts of each particular case than the assessment of loss of pecuniary benefit to dependants under the Fatal Accidents Act
1 Citers


 
Hayden v Hayden [1992] 1 WLR 986; Times, 08 April 1992; [1992] CLY 1528
1992
CA

Personal Injury, Damages
The claimant's mother died in a car accident caused by the father. The father then took over the mother's role in caring for the claimant. Held: Those services, and compensation awarded to provide for them, were not a benefit accruing as a result of the death for the purposes of section 4, and the plaintiff could not recover them as damages.
Fatal Accidents Act 1976 4
1 Citers


 
Mount Banking Corporation Ltd v Brian Cooper and Co [1992] 2 EGLR 142
1992
QBD
Mr Robin Stewart QC
Damages, Professional Negligence
The plaintiff submitted that where the final valuation figure is within the Bolam principle, an acceptable figure, albeit towards the top end, but where none the less the valuer has erred materially in reaching that figure, the plaintiff can succeed in his claim because of those negligent errors, even though the total valuation figure was not negligent. Held: If the valuation that has been reached cannot be impugned as a total, then, however, erroneous the method or its application by which the valuation has been reached, no loss has been sustained, because, within the Bolam principle, it was a proper valuation. This focuses on the end result rather than the process by which the valuer reached the end result. Though there was a fault in the process of calculation, none the less a proper and acceptable process could properly have resulted in no, or no perceptible, difference to the end valuation; the figure in fact reached by was acceptable on the Bolam principle. If it is shown even at the first stage (whether the valuation fell outside the proper range of valuations results) that the valuer did not adopt an unprofessional practice or approach, then that may be taken into account in considering whether his valuation contained an unacceptable degree of error. Where the valuation is shown to be outside the acceptable limit, that may be a strong indication that negligence has in fact occurred.
1 Citers


 
Boots The Chemist Ltd v G A Estates Ltd 1992 SC 485
1992


Damages
It is the general practice of the Court of Session to award interest due under the 1958 Act at the rate of 8%.
Damages (Scotland) Act 1958 1
1 Citers


 
Mills v British Rail Engineering Ltd [1992] 1 PIQR Q130
1992
CA
Dillon and Staughton LJJ, Neill LJ
Personal Injury, Damages
Defendants appealed an award of £8,000 to the widow of a man who died of lung cancer, for her caring for him in his last months. She claimed two hours' services each day for the first two months of his illness, increasing to three hours, and then to four hours a day during the next two months up to the time his cancer was diagnosed. For the next six months the claim was elevated to what in essence represented ten hours' services each day. For the last three months a claim was made for 14 hours' services each day. Except for this final period, the claim was based on a rate of £3 per hour. For the last three months the rate was £3.25 per hour, the charging rates for carers who were not qualified nurses with caring skills, and the award of £8,000 was based on two-thirds of the full commercial rate for such services, without any extra allowances for agency charges. Held: "there can be no justification in principle for differentiating between full-time care needing really a trained nurse and full-time care needing a carer giving love and affection to the patient, the dying person, to a degree far more than would be expected in any ordinary way of life. In principle it must be, in my judgment, a matter for an award only in recompense for care by the relative well beyond the ordinary call of duty for the special needs of the sufferer. "
1 Cites

1 Citers


 
Kyle v P and J Stormonth Darling WS 1992 SLT 264
1992

Lord Prosser
Damages, Scotland
Where a loss of opportunity which was the subject of a claim was part of the causal sequence which might or might not have led to the damnum or loss resulting from the injuria, the damnum lay not in the loss of opportunity but in the loss of the eye or the necrosis.
1 Citers


 
Re Fisher and Gimson (Builders) Ltd's Application (1992) 65 P&CR 312
1992
LT
Victor Wellings QC, President
Land, Damages
A new house was built in contravention of a covenant, which the builder thought to be unenforceable. A neighbour objected, and having been found to have the benefit of the covenant after other neighbours had settled, he claimed 100% of the developer's profit, which he assessed at £290,000. Held: The President allowed the modification on the limited benefit ground, and indicated that he was willing to award compensation based on "a share in the development value released". He rejected the objector's calculations as "misconceived", and awarded £6,000, based on a comparison with the sums paid to the other potential objectors.
1 Citers



 
 Cowan v Kitson Insulations Ltd; 1992 - [1992] PIQR Q19

 
 Blazer v Yardley and Co; ChD 1992 - [1992] FSR 501
 
Nitrigin Eirann Teoranta v Inco Alloys Ltd Gazette, 22 January 1992; [1992] 1 All ER 854
22 Jan 1992
QBD

Limitation, Damages
Cracking in a pipe which was repaired, was a purely economic loss, and therefore not recoverable. When it subsequently failed causing damage by an explosion from leakage, that was the first recoverable damage and time began to run from that date, and not on the discovery of the original cracks.

 
Wright v Davidson (1992) 88 DLR (4th) 698; 1992 CanLII 1020 (BC BA); [1992] 3 WWR 611; (1992), 64 BCLR (2d) 113
7 Feb 1992


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

[ Canlii ]
 
Hayden v Hayden [1992] EWCA Civ 13; [1992] 1 WLR 986
24 Mar 1992
CA
Parker, McCowan LJJ, Sir David Croom-Johnson
Damages, Personal Injury
Appeal by the defendant driver against the level of an award of damages to a minor suing by her next friend The plaintiff cross-appeals to argue that it was not large enough. The action resulted from a motor accident on 30th August 1983. The defendant was driving a motor car towing a caravan. His wife was a passenger in the car when the car and caravan overturned and his wife was killed. Liability was not disputed.
[ Bailii ]
 
Verderame v Commercial Union Assurance Co Plc [1992] BCLC 793; Times, 02 April 1992
2 Apr 1992
CA
Balcombe LJ
Agency, Insurance, Company, Contract, Negligence, Damages
The insurance brokers, acting to arrange insurance for a small private limited company did not owe a duty in tort to the directors of that company personally. Where an action was brought in a tort and in breach of contract, damages could not be awarded on the tort where they were not available in contract.
1 Cites

1 Citers


 
Steadman v Scholfield and Another Gazette, 06 May 1992
6 May 1992
QBD

Personal Injury, Damages, Transport
A jet ski is neither a boat nor a vessel. The maritime limitation rules did not therefore apply to an accident involving a jet ski. The applicant could therefore claim full damages.
Marine Conventions Act 1911


 
 Wentworth v Wiltshire County Council; CA 15-Jul-1992 - Gazette, 15 July 1992

 
 Joyce v Sengupta and Another; CA 31-Jul-1992 - Gazette, 28 October 1992; [1993] 1 WLR 337; [1992] EWCA Civ 9; [1993] 1 All ER 897
 
Mattocks v Mann Gazette, 02 September 1992; [1993] RTR 13
2 Sep 1992
CA
Beldam LJ, Nourse and Stocker LJJ
Damages
The plaintiff was able to recover the cost of a car hire till his repair bill had been paid by the insurers, where he was himself unable to pay the bill. ". . . at the present day it is generally accepted that, in what Lord Wright termed 'the varied web of affairs' that follows a sequence of events after an accident of this kind, it is only in an exceptional case that it is possible or correct to isolate impecuniosity, as it is sometimes called, or the plaintiff's inability to pay for the cost of repairs from his own resources as a separate cause and as terminating the consequences of a defendant's wrong. It seems to me necessary today to consider whether, having regard to all the circumstances of the case and the resources available to a plaintiff, resources known by the defendant or her representatives to be of a kind that will not be able to provide for the repairs themselves, in all the circumstances, the plaintiff has acted reasonably and with commercial prudence."
1 Citers



 
 Gorman v Mudd; CA 15-Oct-1992 - Unreported, 15 October 1992
 
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