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Damages - From: 1994 To: 1994

This page lists 41 cases, and was prepared on 27 May 2018.

 
The Texaco Melbourne [1994] 1 Lloyds Rep 473
1994

Lord Goff
Damages
In deciding what should be the appropriate currency for a damages award, no account should be taken of fluctuations in the value of currencies between the date of breach and the date of judgment.
1 Citers


 
Cassel v Riverside Health Authority [1994] PIQR Q168
1994


Personal Injury, Damages
A person who has been rendered a patient as a result of the actions of a tortfeasor is entitled to require the tortfeasor to bear the costs of the receiver as part of the damages and, as part of the damages, they cannot escape a discount for contributory negligence.
1 Citers



 
 Tredget and Tredget v Bexley Health Authority; 1994 - [1994] 5 Med LR 178
 
Margrie Holdings Ltd v City of Edinburgh District Council 1994 SLT 971; 1994 SC 1
1994
IHCS
Hope, Lord President
Damages, Scotland
When asking whether a claim for damages could properly include an additional element to recover additional costs of an impecunious pursuer, the proper approach, consistent with the modern authorities, was to ask whether the loss was or was not foreseeable and that this was ultimately a question of fact in each case.
1 Cites

1 Citers


 
Sampson v Wilson [1994] 26 HLR 486
1994


Housing, Damages
The court considered the dangers of a double award of damages for a landlord's breach of his covenant for quiet enjoyment.
Housing Act 1988 27(5)
1 Citers


 
The Fanis [1994] 1 Lloyds Rep 633
1994
CA
Mance LJ
Damages
Mance LJ said: "The general issue is in my view appropriately stated as being whether any profit or loss arose out of or was sufficiently closely connected with the breach to require to be brought into account in assessing damages. Resolution of that issue involves taking into account all the circumstances, including the nature and effects of the breach and the nature of the profit or loss, the manner in which it occurred and any intervening or collateral factors which played a part in its occurrence, in order to form a commonsense overall judgment on the sufficiency of the causal nexus between breach and profit or loss."
1 Citers



 
 Trafalgar House Construction (Regions) Ltd v General Surety and Guarantee Co Ltd; CA 1994 - (1994) 66 BLR 42
 
Stringman (a minor) v McArdle [1994] 1 WLR 1653
1994
CA
Stuart-Smith LJ
Personal Injury, Damages
The young plaintiff, under a disability, had asked for an interim payment of £100,000 to adapt a house already bought. McCullough J upheld the refusal of the district judge to make that interim payment, taking the view that the plans for the conversion of the house were over-elaborate and might leave the plaintiff insufficiently provided for by way of future care. Held. In order to obtain an interim payment, the plaintiff was not to be required to demonstrate any particular need beyond the general need to be paid damages as soon as reasonably possible. The court should not, when considering whether to order such a payment, investigate how the money was going to be used. The court was confident that the claimant was going to recover damages at trial which would substantially exceed the aggregate of the sums sought by way of an interim payment and those sums already paid. Any expenditure would be subject to the control of the Court of Protection.
Stuart-Smith LJ said: "The error into which the judge fell in this case was, in my opinion, when he concerned himself with what was to be done with the damages in the hands of the plaintiff or those responsible for her care. Once the threshold conditions in RSC Ord.29, r.11(1), sub-paragraphs (a), (b) or (c) are satisfied, what the court has to do, if it thinks fit, is to make an interim payment of such amount as it thinks just not exceeding a reasonable proportion of the damages which in the opinion of the court are likely to be recovered by the plaintiff after taking into account contributory negligence and any set-off or counterclaim. It should be noted that the plaintiff does not have to demonstrate any particular need over and above the general need that a plaintiff has to be paid his or her damages as soon as reasonably may be done. It will generally be appropriate and just to make an order where there will be some delay until the final disposal of the case. Therefore what the court is concerned with in fixing the quantum is that it does not exceed a reasonable proportion of the damages which in the opinion of the court are likely to be recovered. It is quite clear here that the amount will on any basis substantially exceed the sum of £187,000, which is the sum awarded by way of interim payment to date plus the £100,000 which is now sought. That is all the judge should have been concerned with. In the case of an adult of sound mind, the court making an order under RSC Ord.29, r.11 is not concerned in any way with what the plaintiff does with his damages. In the case of an infant, the money will normally be paid into court and then the next friend will apply to the district judge for payment out as and when the money is required. Where the Court of Protection is concerned, it is for that court to decide how and when the money is to be spent."
1 Citers



 
 Ruxley Electronics and Construction Ltd v Forsyth; CA 7-Jan-1994 - Gazette, 16 February 1994; Times, 07 January 1994; [1994] 3 All ER 801; [1994] 1 WLR 650
 
Toneguzzo-Norvell v Burnaby Hospital [1994] 1 SCR 114
27 Jan 1994


Damages
(Supreme Court of Canada) A catastrophically injured plaintiff claimed for loss of earnings both during the period she would live and during the period in which, as result of the injury complained of, she would not live. Held: It was well "established that a deduction for personal living expenses must be made from the award for lost earning capacity for the years she will actually live" and "A number of considerations suggest that a deduction for personal living expenses should be made from the award for lost earning capacity during the 'lost years'. The first is the fact that the projected earnings could not have been earned except on the supposition that the plaintiff would have been alive to earn them. There can be no capacity to earn without a life. The maintenance of that life requires expenditure for personal living expenses. Hence the earnings which the award represents are conditional on personal living expenses having been incurred. It follows that such expenses may appropriately be deducted from the award. Against this, it is argued that if Jessica had been born a millionaire, her personal living expenses during the 'lost years' would have been met from other sources. But this does not negate the fact that in order to earn income one must live and incur the attendant expenses.
It can be argued that not to make a deduction for personal living expenses is to introduce into the award for lost earning capacity for the 'lost years' a measure of overcompensation akin to the duplication which the law avoids in the case of an award for lost earnings during the plaintiff's actual lifespan. This deduction has been justified for the years before the plaintiff's actual projected death, on the ground that it avoids duplication between the award for cost of care and the award for lost earning capacity. But in fact, the 'lived years' and the 'lost years' cannot be so easily distinguished. The same reasoning applies to both: had the plaintiff been in a position to earn the monies represented by the award for lost earning capacity, she would have had to spend a portion of them for living expenses. Not to recognize this is to introduce an element of duplication and to put the plaintiff in a better position than she would have been in had she actually earned the monies in question."
1 Citers

[ Canlii ]
 
Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others; The Nicholas H Times, 23 February 1994; Independent, 02 March 1994; Ind Summary, 14 February 1994
3 Feb 1994
CA
Saville LJ
Negligence, Damages
The duty of care does not vary with the nature of damage, as to whether it is physical or financial. The relationship of the parties is to be taken into account in assessing the extent of damage.
Saville LJ said: "the three so-called requirements for a duty of care are not to be treated as wholly separate and distinct requirements but rather as convenient and helpful approaches to the pragmatic question whether a duty should be imposed in any given case. In the end whether the law does impose a duty in any particular circumstances depends upon those circumstances ..."
1 Citers


 
Attorney General of Ghana v Texaco Overseas Tank Ships Ltd Times, 16 February 1994
16 Feb 1994
HL

Damages
Damages for non-delivery are to be set in the context of where the goods were to be delivered.

 
Regina v Northavon District Council ex parte Palmer Independent, 22 February 1994
22 Feb 1994
QBD

Damages
No damages were available for a breach of a public law duty to ask why the applicant was homeless.


 
 Malik and Another v Bank of Credit and Commerce International Sa; Chd 23-Feb-1994 - Ind Summary, 21 March 1994; Times, 23 February 1994
 
Banque Bruxelles Lambert Sa v Eagle Star Ins Co Ltd and Others Ind Summary, 04 April 1994; Times, 07 March 1994; [1995] 2 All ER 769
7 Mar 1994
QBD
Phillips J
Negligence, Damages
A negligent valuer was liable for the loss arising from an overvaluation, but not from losses attributable to a general fall in the market.
1 Citers


 
Boyo v London Borough of Lambeth [1994] EWCA Civ 28; [1995] IRLR 50; [1994] ICR 727
8 Mar 1994
CA
Staughton LJ, Ralph Gibson LJ, Sir Francis Purchas
Employment, Damages
An employee dismissed by his employer's act of repudiation of the contract, is entitled to receive money in lieu of notice as well as compensation for a reasonable period for carrying out the appropriate disciplinary procedure.
Ralph Gibson LJ said: "Further, if there is a requirement of law for acceptance by the servant of the repudiation by the master, I am unable to see why it is not a requirement for a real acceptance, that is to say a conscious acceptance intending to bring the contract to an end or the doing of some act which is inconsistent with the continuation of the contract. If that is right, I do not understand how the courts would apply the notion of 'easily inferring that the innocent party has accepted . . the repudiation'." and
"If acceptance by the plaintiff of the repudiation was necessary was there acceptance? In my judgement there was not at any time before the hearing, unless 'acceptance' for this purpose can be taken to mean no more than the internal but unwilling acknowledgement that the plaintiff will not escape from being treated as if he had accepted. As stated above, I do not accept that it can properly be taken to mean no more than that. I can see no relevance in the fact that the plaintiff had deliberately formulated his case in a particular way for tactical reasons. If the law permits him to do so why should he not?"
1 Cites

1 Citers

[ Bailii ]

 
 Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Man) Ltd; CA 8-Mar-1994 - Gazette, 08 June 1994; Times, 08 March 1994; Gazette, 20 April 1994
 
Gillette Uk Ltd and Another v Edenwest Ltd Times, 09 March 1994
9 Mar 1994
ChD

Damages, Intellectual Property
The innocence of the infringer, is no bar to an award of damages, if a trade mark is infringed, or in the case of passing off.


 
 Balfour Beatty Construction (Scotland) Ltd v Scottish Power Plc; HL 23-Mar-1994 - Times, 23 March 1994; [1994] UKHL 11; [1994] CLC 321; 1994 SC (HL) 20; 1994 SLT 807
 
Tynes v Barr (1994) 45 WIR 7; [1994] ICHRL 5
28 Mar 1994


Commonwealth, Damages, Constitutional, Torts - Other
(Supreme Court of the Bahamas) The plaintiff had been wrongfully arrested and humiliated publicly at an airport. He claimed exemplary damages. In assessing the exemplary damages in a court should take account of the injury the plaintiff has endured to his dignity and pride, mental suffering and loss of reputation: "Exemplary damages should be awarded in view of the arrogant, abusive and outrageous disregard shown by the police for the law, in particular, their delay in producing documents; the manner in which the defence was conducted; and the fact that liability was not conceded until the sixth and ninth days of the trial and even then with no appropriate apology being offered to the plaintiff. The police should be made aware of the need to observe the requirements as to when they may arrest and detain a person without a warrant and the way in which a person so detained must be humanely treated."
1 Citers

[ Worldlii ]

 
 Channel Island Ferries Ltd v Cenargo Navigation Ltd (The Rozel); QBD 5-Apr-1994 - Times, 05 April 1994; [1994] 2 Lloyd's Rep 161
 
Reilly and Another v Merseyside Regional Health Authority [1994] EWCA Civ 30
28 Apr 1994
CA

Personal Injury, Damages

1 Cites

[ Bailii ]
 
Page v Smith Times, 04 May 1994
4 May 1994
CA

Damages, Personal Injury
The plaintiff was driving his car at 30 miles an hour when the defendant turned right immediately into his path. In the accident both cars suffered damage but the occupants all escaped physical injury. The Plaintiff, however, had suffered for 20 years from chronic fatigue syndrome, which manifested itself from time to time. The judge held that the shock of the accident reactivated this condition which was now in all probability permanent and that it was unlikely that the plaintiff would be able to return to full-time employment, and he awarded damages of £162,153. Held: Allowing the defendants' appeal on the ground that psychiatric injury was not a foreseeable consequence of the accident. A claim for damages for pure nervous shock requires that the psychiatric injury should be a foreseeable result.
1 Cites

1 Citers


 
Baldwin v British Coal Corporation Times, 11 May 1994
11 May 1994
QBD
Garland J
Employment, Damages
The employee had been selected for redundancy. In order for him to qualify for the employer's suplementary redundancy scheme an arrangement was made whereby he was given short notice. As a result he received an additional £5,000. He now applied for payment of the full notice period. Held: He had to give credit for the money received under the short notice in order to qualify for a supplementary redundancy payment. The £5,000 was quite separate from the basic redundancuy payments the stautory and contractual sums. Had the employer not given short notice, the plaintiff would have received the £3,000 notice, but lost the £5,000 received. Credit had to be given.
1 Cites


 
Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department Times, 01 July 1994; (1995) 7 Admin LR 175; [1994] EWCA Civ 36; [1994] COD 504
17 May 1994
CA
Sir Thomas Bingham MR, Farquharson, Simon Brown LJJ
Damages, Prisons
The plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years' imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given by witnesses from New Zealand. His appeal failed. Some time later his case was referred back to the Court of Appeal under section 17 of the Criminal Appeal Act 1968. This time his appeal succeeded on what was essentially the same ground as that which had failed before and his convictions were quashed. Held: The plaintiffs' appeals were dismissed. Compensation should be payable to prisoners wrongly convicted only after new facts were discovered, not where the release came after a ruling which changed the law. In this case "the ground of the reversal was not . . the discovery of a new or newly discovered fact, but a legal ruling on facts which had been known all along."
Sir Thomas Bingham discussed the suggestion that the success of an appeal meant that the court felt there had been a miscarriage of justice, and said: "Therefore, it follows, he says, that he is a victim of a miscarriage of justice and from that it follows that he is entitled to compensation. To deny him compensation is, he argues, to undermine his acquittal and the presumption of innocence which flows from the fact that his convictions have been quashed. I am, for my part, unable to accept that argument, although I hasten to assure Mr Bateman that in doing so I have no intention whatever to undermine the effect of the quashing of his convictions. He is entitled to be treated, for all purposes, as if he had never been convicted. Nor do I wish to suggest that Mr Bateman is not the victim of what the man in the street would regard as a miscarriage of justice. He has been imprisoned for three-and-a-half years when he should not have been convicted or imprisoned at all on the second decision of the Court of Appeal (Criminal Division). The man in the street would regard that as a miscarriage of justice and so would I. But that is not, in my judgment, the question. The question is whether the miscarriage of justice from which Mr Bateman has suffered is one that has the characteristics which the Act lays down as a pre-condition of the statutory right to demand compensation. That, therefore, is the question to which I now turn." there was no new or newly discovered fact, so that Mr Bateman could not satisfy the relevant criteria under section 133.
Criminal Justice Act 1988 133
1 Cites

1 Citers

[ Bailii ]
 
Hepworth Building Products Ltd v British Coal Corporation Times, 18 May 1994
18 May 1994
CA

Damages
Compensation under the Act was for damage flowing from the mining subsidence only, and did not include a claim for consequential losses.
Coal Industries Act 1975 2(4)


 
 Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others; QBD 24-May-1994 - Times, 30 May 1994; Independent, 24 May 1994

 
 Sion v Hampstead Health Authority; CA 27-May-1994 - Times, 10 June 1994; [1994] 5 Med LR 170; [1994] EWCA Civ 26
 
Darlington Borough Council v Wiltshier Northern Ltd [1994] EWCA Civ 6; [1995] 1 WLR 68; [1995] 3 All ER 895
28 Jun 1994
CA
Dillon, Steyn, Waite LJJ
Construction, Damages
The plaintiff council complained of the work done for it by the defendant builder. Held: Steyn LJ said: "in the case of a building contract, the prima facie rule is cost of cure, i.e., the cost of remedying the defect: East Ham Corporation v. Bernard Sunley & Sons Ltd. ([1965] 3 All ER 619, [1966] AC 406). But where the cost of remedying the defects involves expense out of all proportion to the benefit which could accrue from it, the court is entitled to adopt the alternative measure of difference of the value of the works . ."
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Investors Compensation Scheme Ltd, ex Parte Bowden and Another; CA 30-Jun-1994 - Times, 30 June 1994; Ind Summary, 29 August 1994

 
 Wards Construction (Medway) Ltd v Barclays Bank Plc and Another; CA 1-Jul-1994 - Times, 20 July 1994; (1994) 2 EGLR 32; (1994) 68 P&CR 391

 
 Jaggard v Sawyer and Another; CA 18-Jul-1994 - Ind Summary, 22 August 1994; [1995] 1 WLR 269; [1994] EWCA Civ 1; [1995] 13 EG 132; [1995] 2 All ER 189; [1995] 1 EGLR 146; [1994] EGCS 139

 
 Henderson v Merrett Syndicates Ltd; HL 25-Jul-1994 - [1995] 2 AC 145; [1994] 3 All ER 506; Times, 26 July 1994; [1994] UKHL 5; [1994] 3 WLR 761

 
 Ministry of Defence v Cannock and Others; EAT 2-Aug-1994 - Independent, 15 September 1994; Times, 02 August 1994; [1994] ICR 918
 
Hunt v Severs Independent, 05 May 1994; Times, 02 May 1994; Gazette, 07 September 1994; [1994] 2 AC 350; [1994] UKHL 4; [1994] 2 All ER 385
7 Sep 1994
HL
Lord Bridge of Harwich
Personal Injury, Damages
The tortfeasor, a member of the claimant's family provided her with voluntary nursing care after the injury. The equivalent cost of that care, was recoverable, but would be held on trust for the carer. The underlying rationale of English Law is to enable the voluntary carer to receive proper recompense for his or her services: "Thus in both England and Scotland, the law now ensures that an injured plaintiff may recover the reasonable value of gratuitous services rendered to him by way of voluntary care by a member of his family . . [T]he underlying rationale of the English law . . is to enable the voluntary carer to receive proper recompense for his or her services." The policy considerations which underlie the exceptions were "well understood" . . "But I find it difficult to see what considerations of public policy can justify a requirement that the tortfeasor himself should compensate the plaintiff twice over for the self-same loss. If the loss in question is a direct pecuniary loss (eg loss of wages), Hussain's case is clear authority that the defendant employer, as the tortfeasor who makes good the loss either voluntarily or contractually, thereby mitigates his liability in damages pro tanto."
1 Cites

1 Citers

[ Bailii ]
 
Treadaway v Chief Constable of West Midlands Times, 25 October 1994; Independent, 23 September 1994
23 Sep 1994
QBD

Damages, Police
The torture of a suspect by police justified aggravated and exemplary damages, in this case £50,000. Damages for a serious assault by police are not to be reduced for the character of the plaintiff.
1 Cites

1 Citers


 
Hodgkinson v Simms [1994] 3 SCR 377; 117 DLR (4th) 161; [1994] 9 WWR 609; 97 BCLR (2d) 1; 16 BLR (2d) 1; 171 NR 245; 22 CCLT (2d) 1; 49 BCAC 1; 57 CPR (3d) 1; 5 ETR (2d) 1; [1994] CarswellBC 438; AZ-94111096; JE 94-1560; [1994] SCJ No 84 (QL); [1994] ACS no 84; 50 ACWS (3d) 469; 80 WAC 1; 95 DTC 5135
30 Sep 1994

La Forest, L'Heureux-Dube, Sopinka, Gonthier, McLachlin, Iacobucci and Major JJ
Commonwealth, Contract, Damages, Trusts
Supreme Court of Canada - Fiduciary duty -- Non-disclosure -- Damages -- Financial adviser -- Client insisting that adviser not be involved in promoting -- Adviser not disclosing involvement in projects -- Client investing in projects suggested by adviser -- Ultimate decision as to whether or not to invest that of client -- Substantial losses incurred during period of economic downturn -- Whether or not fiduciary duty on part of adviser -- If so, calculation of damages.
Contracts -- Contract for independent services -- Breach by failure to disclose -- Calculation of damages.
La Forest J, giving the judgment of the majority, drew the distinction between fiduciary relationships and commercial interactions governed by the common law, the former being characterised by one party's duty to act in the other's best interests, and often by power on the one hand and dependency on the other, whereas the common law generally respected the pursuit of self-interest. The proper approach to damages for breach of a fiduciary duty was said to be restitutionary. On that basis, the majority of the court concluded that the claimant was entitled to be compensated for the loss sustained on investments which he had made on the advice of a fiduciary who had failed to disclose a conflict of interest, notwithstanding that the loss had resulted from an unforeseen general economic downturn.
1 Citers

[ Canlii ]
 
Arab Monetary Fund v Hashim Times, 11 October 1994
11 Oct 1994

Chadwick J
International, Damages
In cases under the 1978 Act the court does not ask whether, under some rule of English private international law to be found independently of that Act, the contribution claim is to be determined by reference to the 1978 Act. Rather, the court asks whether, under the provisions of the 1978 Act itself, the contribution claim ought to succeed. Chadwick J said: "If B and C were each persons against whom liability had been or could be established in an action brought against them by A in an English court, applying the appropriate law in accordance with English private international law rules, then the Act conferred on B a right of contribution against C to which the court had to give effect. There was no preliminary question as to proper law the answer to which determined, independently of the Act, whether the Act applied."
Civil Liability Contribution Act 1978
1 Citers



 
 Torvald Klaveness A/S v Arni Maritime Corporation (The Gregos); HL 28-Oct-1994 - Independent, 15 November 1994; Times, 28 October 1994; [1994] 1 WLR 1465; [1995] 1 Lloyd's Rep 1
 
Firsteel Cold Rolled Products Ltd v Anaco Precision Pressings Ltd Times, 21 November 1994
21 Nov 1994
QBD

Damages
No claim for stress caused to company even via stress caused to personnel.


 
 C F and M G Roberts v South Gloucestershire District Council; LT 31-Dec-1994 - ACQ/90/93; [2001] EWLands ACQ_90_1993
 
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