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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: 1998 To: 1998

This page lists 68 cases, and was prepared on 27 May 2018.

 
Commonwealth of Australia v WMC Resources Ltd (1998) 194 CLR 1
1998


Damages, Commonwealth
A permit to explore for petroleum may be "property" for the purposes of compulsory acquisition.
1 Citers


 
Stoke City Council v W and J Wass [1988] 1 WLR 1406
1998

Nicholls LJ
Damages
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 pecuniary loss may still be liable to that other for more than nominal damages. In general, he is liable to pay, as damages, a reasonable sum for the wrongful use he has made of the other's property. The law has reached this conclusion by giving to the concept of loss or damage in such a case a wider meaning than merely financial loss calculated by comparing the property owner's financial position after the wrongdoing with what it would have been had the wrongdoing never occurred. Furthermore, in such a case it is no answer for the wrongdoer to show that the property owner would probably not have used the property himself had the wrongdoer not done so. "
1 Cites

1 Citers


 
Daniels v Thompson [1998] 3 NZLR 22
1998

Thomas J
Commonwealth, Damages
(Court of Appeal of New Zealand) Thomas J said: "Compensation recognises the value attaching to the plaintiff's interest or right which is infringed, but it does not place a value on the fact the interest or right ought not to have been infringed at all".
1 Citers



 
 Redrow Homes Ltd and others v Bett Brothers Plc and others; HL 22-Jan-1998 - Times, 26 January 1998; Gazette, 11 February 1998; [1998] 1 All ER 385; [1998] UKHL 2; [1999] AC 197
 
John Singh and Co v Zebun Nessa Haq Syed Mominal Haq [1998] EWCA Civ 53
22 Jan 1998
CA

Damages

1 Cites

[ Bailii ]
 
Campbell (By her Mother and Next Friend) v Mylchreest (As Personal Representative of Mylchreest, Deceased) [1998] EWCA Civ 60; [1999] PIQR 17
23 Jan 1998
CA

Damages
The claimant sough an interim award of damages. Held. An "unlevel playing field", in the sense that an interim award might prejudge arguments which might be run at a full trial, is not an absolute bar to making the requested order but only a factor which must be taken into account. It can only be ignored if the Defendant's argument is "plainly wrong".
1 Cites

1 Citers

[ Bailii ]
 
Assin N'Dow v Timmis Desai Solicitors [1998] EWCA Civ 156
5 Feb 1998
CA

Professional Negligence, Damages

[ Bailii ]
 
Alfred Mcalpine Construction Limited v Panatown Limited Times, 11 February 1998; [1998] EWCA Civ 154; [1998] EWCA Civ 453; [1998] EWCA Civ 454
5 Feb 1998
CA

Construction, Damages
A main contractor was entitled to recover proper, and substantial damages, from a sub-contractor, who was in breach of the contract even though he was not the land owner.
[ Bailii ] - [ Bailii ] - [ Bailii ]
 
Hunter v British Coal Corporation, Cementation Mining Company Times, 27 February 1998; Gazette, 25 March 1998; [1998] EWCA Civ 205; [1998] 2 All ER 97
11 Feb 1998
CA

Damages, Personal Injury
A workman, who did not see an accident, but suffered shock after thinking that he had caused the death, was not able to recover damages. His injury was too remote from the accident.
[ Bailii ]
 
O'Brien v Moyes and Mendip Music Limited [1998] EWCA Civ 240
13 Feb 1998
CA

Personal Injury, Damages

[ Bailii ]

 
 Mount v Barker Austin (a Firm); CA 18-Feb-1998 - [1998] EWCA Civ 277; (1998) PNLR 493
 
Mount v Baker Austin [1998] PNLR 493; [1998] EWCA Civ 277
18 Feb 1998
CA
Simon Brown LJ
Professional Negligence, Damages
The Defendant solicitors had allowed the Plaintiff's claim to be struck out for want of prosecution. The court considered how to calculate the value of the loss of the chance of pursuing the claim: "1. The legal burden lies on the plaintiff to prove that in losing the opportunity to pursue his claim (or defence to counterclaim) he has lost something of value i.e. that his claim (or defence) had a real and substantial rather than merely a negligible prospect of success. (I say "negligible" rather than "speculative" -- the word used in a somewhat different context in Allied Maples Group Ltd v Simmons and Simmons [1995] 1WLR 1602 -- lest "speculative" may be thought to include considerations of uncertainty of outcome, considerations which in my judgement ought not to weigh against plaintiff in the present context, that of struck out litigation.)
2. The evidential burden lies on the defendants to show that despite their having acted for the plaintiff in the litigation and charged for their services, that litigation was of no value to their client, so that he lost nothing by their negligence in causing it to be struck out. Plainly the burden is heavier in a case where the solicitors have failed to advise the client of the hopelessness of his position and heavier still where, as here, two firms of solicitors successively have failed to do so. If, of course, the solicitors have advised their client with regard to the merits of his claim (or defence) such advice is likely to be highly relevant.
3. If and insofar as the court may now have greater difficulty in discerning the strength of the plaintiff's original claim (or defence) than it would have had at the time of the original action, such difficulties should not count against him, but rather against his negligent solicitors. It is quite likely that the delay will have caused such difficulty and quite possible, indeed, that that is why the original action was struck out in the first place. That, however, is not inevitable: it will not be the case in particular (a) where the original claim (or defence) turned on questions of law or the interpretation of documents, or (b) where the only possible prejudice from the delay can have been to the other side's case.
4. If and when the court decides that the plaintiff's chances in the original action were more than merely negligible it will then have to evaluate them. That requires the court to make a realistic assessment of what would have been the plaintiff's prospects of success had the original litigation been fought out. Generally speaking one would expect the court to tend towards a generous assessment given that it was the defendants' negligence which lost the plaintiff the opportunity of succeeding in full or fuller measure. To my mind it is rather at this stage than the earlier stage that the principle established in Armory v Delmire (1722) 1 Stra. 505 comes into play."
1 Cites

1 Citers

[ Bailii ]

 
 English Property Corportation Plc v Royal Borough of Kingston Upon Thames; CA 5-Mar-1998 - [1998] EWCA Civ 399
 
Johnson and Another v Davis and Another Times, 31 March 1998; Gazette, 13 May 1998; [1999] Ch 117; [1998] EWCA Civ 483; [1998] 2 All ER 649
18 Mar 1998
CA
Chadwick, Kennedy, Ward LJJ
Insolvency, Damages, Contract
The court was asked: "whether or not the appellants were released from their obligation under a covenant to indemnify the respondents against claims arising under a lease by reason of the terms of an individual voluntary arrangement made under part VIII of the Insolvency Act 1986 by a co-obligee who was liable, jointly with the appellants, under the same covenant." Held: There is no rule of law that one joint debtor (not joint and several) may not be released from debt by the individual voluntary arrangement of another.
Chadwick LJ observed that: "The statutory hypothesis is that the person who had notice of and was entitled to vote at the meeting is party to an arrangement to which he has given his consent . . Unlike the earlier legislation, section 260(2) of the Act of 1986 does not purport, directly, to impose the arrangement on a dissenting creditor whether or not he has agreed to its terms; rather, he is bound by the arrangements as the result of a statutory hypothesis. The statutory hypothesis requires him to be treated as if he had consented to the arrangement." Accordingly, questions as to the effect of the arrangement on sureties . . were to be answered by treating the arrangement as consensual; that is to say, by construing its terms as if they were the terms of a consensual agreement between the debtor and all those creditors who, under the statutory hypothesis, must be treated as being consenting parties."
Insolvency Act 1986 260(2)
1 Cites

1 Citers

[ Bailii ]
 
Clarke v South Yorkshire Transport Ltd [1998] EWCA Civ 503
19 Mar 1998
CA

Personal Injury, Damages

1 Cites

1 Citers

[ Bailii ]
 
Charles Edward Jason Cornell v Robert James Sterland Green [1998] EWCA Civ 510
20 Mar 1998
CA

Personal Injury, Damages

[ Bailii ]
 
Brett Skelton (a Minor Suing By her Father and Next Friend Ian George Skelton) v Lewisham and North Southwark Health Authority [1998] EWCA Civ 556
27 Mar 1998
CA

Damages
Approval of children's settlement.
[ Bailii ]
 
Bank of Credit and Commerce International (Overseas) Ltd (In Liquidation) and Others v Price Waterhouse Times, 02 April 1998; Gazette, 16 April 1998
2 Apr 1998
ChD
Sir Brian Neill
Professional Negligence, Damages
Damages for negligently conducted audit were not to include sums which would not have been spent if truth had been known and if the company had stopped trading immediately. The court should consider whether also the defendant had had opportunity to issue a disclaimer.
1 Citers


 
Stacey v Smith and Anotherr [1998] EWCA Civ 636
3 Apr 1998
CA

Personal Injury, Damages

[ Bailii ]

 
 J A Pye (Oxford) Limited v Kingswood Borough Council; CA 6-Apr-1998 - Gazette, 16 April 1998; [1998] EWCA Civ 643; [1998] 2 EGLR 159; [2000] RVR 40
 
Goswell v Commissioner of Police for Metropolis [1998] EWCA Civ 653
7 Apr 1998
CA

Damages

1 Citers

[ Bailii ]
 
Douglas Gafford v A H Graham and Grandco Securities Limited Gazette, 20 October 1999; Times, 01 May 1998; Gazette, 28 May 1998; [1998] EWCA Civ 666; [1998] 3 EGLR 75; [1999] 41 EG 159; [1999] 77 P&CR 73
8 Apr 1998
CA
Nourse LJ, Pill LJ, Thorpe LJ
Land, Damages
A land owner who was aware of his rights under a restrictive covenant, and who stood by whilst a riding school was erected in breach of the covenant, was not later to be allowed injunctive mandatory relief to enforce the covenant, by virtue of his acquiescence. The measure of damages questions involved in such cases is a matter of judgment which is incapable of strictly rational and logical exposition from beginning to end. The primary basis of assessment 'is to consider the sum that would have been arrived at in negotiations between the parties had each been making reasonable use of their respective bargaining positions without holding out for unreasonable amounts.' A claimant may lose his entitlement to claim damages if he has been guilty of such acquiescence as to make it in all the circumstances unconscionable for him to rely upon his legal right.
1 Cites

1 Citers

[ Bailii ]
 
Wilkes v Coal Authority Gazette, 29 April 1998; [1998] EWCA Civ 698
23 Apr 1998
CA

Land, Damages
Claim for damage to surface by depression arising from fissure next to coal workings succeeded since once fault shown it fell on Coal Authority to show other cause than coal workings.
Coal Mining (Subsidence) Act 1957 1(1)
[ Bailii ]
 
Terence Tranmore v T E Scudder Limited [1998] EWCA Civ 733
28 Apr 1998
CA
Roch LJ, aldous LJ, Brooke LJ
Personal Injury, Damages
Psychiatric damage following the death of a son after alleged negligence by defendant.
1 Cites

[ Bailii ]
 
Paul Jeremy Duffen v Fra Bo Spa Times, 15 June 1998; [1998] EWCA Civ 748; [2000] EuLR 167
30 Apr 1998
CA

Agency, Damages, European
The plaintiff had been appointed as an exclusive sales agent for the defendant for a minimum period of four years. The defendants terminated it eighteen months early claiming fraudulent misrepresentation. Held: The clause setting the damages claim was a penalty clause and was unenforceable. The termination of the agency gave rise to a claim additional to the statutory claim. A commercial agent whose contract had been terminated within the regulations was entitled to augment the common law damages due to him with the sums due to him by virtue of the Commercial Agents Regulations. The right approach was to look at net earnings which might have made during the remainder of the period for which his agency would have run had it not been terminated prematurely, but without taking into account common law concepts such as avoided loss and mitigation. An award based on gross earnings would give the agent an undeserved windfall. The judge awarded compensation for loss of future earnings, ignoring the ordinary rules of mitigation.
Commercial Agents (Council Directive) Regulations 1993 No 3053
1 Cites

1 Citers

[ Bailii ]
 
Tunnel Refineries Ltd v Bryan Donkin Company Ltd, Alsthom SA, GEC Alsthom Electromechanique SA Imphy SA, Apv Services Ltd, Foundry Imphy Ltd v Recorder [1998] EWHC Technology 322
8 May 1998
TCC

Construction, Damages
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.
[ Bailii ]
 
McFarlane v Tayside Health Board Times, 08 May 1998
8 May 1998
IHCS

Damages
Damages were payable where child born after vasectomy of husband and sperm tests gave false confirmation. This even though gift of a child a normal and healthy process and happy outcome.
1 Cites

1 Citers


 
Spence v Wilson and Others (No 2) Times, 18 May 1998
18 May 1998
OHCS

Personal Injury, Damages
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.
Social Security (Recovery of Benefits) Act 1997

 
I M Properties Plc v Cape and Dalgleish (a Firm) Times, 28 May 1998; Gazette, 17 June 1998; [1998] EWCA Civ 862
20 May 1998
CA

Damages
The Court has no power under the Supreme Court Act to award interest on damages sums recoverable by the Plaintiff but which had been paid before the commencement of proceedings
Supreme Court Act 1981 35A
[ Bailii ]

 
 Standard Chartered Bank v Pakistan National Shipping Corporation and Others (No 3); ComC 27-May-1998 - Times, 27 May 1998; [1999] 1 Lloyds Rep 747
 
G A B Robins Holdings Ltd v Specialist Computer Centres Ltd [1998] EWCA Civ 924
8 Jun 1998
CA

Contract, Torts - Other, Damages

[ Bailii ]

 
 Burke v Royal Infirmary of Edinburgh National Health Service Trust; OHCS 8-Jun-1998 - Times, 08 June 1998; 1999 SLT 539

 
 Dench v Flynn and Partners (a Firm); CA 9-Jun-1998 - [1998] EWCA Civ 934; [1998] IRLR 653
 
Snell v Newalls Insulation Company Limited [1998] EWCA Civ 952
10 Jun 1998
CA

Personal Injury, Damages

[ Bailii ]

 
 Commissioner of Police for Metropolis v Gerald; CA 10-Jun-1998 - Times, 26 June 1998; [1998] EWCA Civ 946
 
Wildtree Hotels Ltd And Others v London Borough of Harrow Gazette, 08 July 1998; Gazette, 17 June 1998; Times, 22 June 1998; [1998] EWCA Civ 978
11 Jun 1998
CA

Land, Damages
Temporary, if damaging disturbance which fell short of actual damage to a neighbour's land and which was caused by works executed on land which had been purchased compulsorily, was not normally claimable and not by the owner of only a temporary interest.
Land Compensation Act 1961 10
1 Cites

1 Citers

[ Bailii ]
 
Houghton v Cheshire Carpentry Construction Ltd [1998] EWCA Civ 1007
16 Jun 1998
CA

Personal Injury, Damages
The plaintiff sought leave to appeal out of time against the level of damages awarded to him after he was severely injured in a fall at work.
[ Bailii ]
 
Jones v Lingfield Leisure Plc [1998] EWCA Civ 1037
18 Jun 1998
CA
Lady Justice Butler-Sloss, Lord Justice Pill, The Lord Lloyd Of Berwick
Employment, Damages
The claimant had been unfairly dismissed but in addition to this employment she had also lost her earnings from a private practice as an aerobics teacher at the same facility where she was employed. She had been awarded damages for the employment loss, but not the rest. Held: The court did not state as a proposition of law that no award could ever be made under Section 123 for loss of self-employed earnings or, at any rate, the loss of an opportunity to earn them. There could be a situation under a contract of employment where the opportunity to earn other money, using the employer's facilities, in a self-employed capacity, could come within Section 123 when an award was quantified. However, on the facts of this case the Tribunal were entitled to hold on an application of Section 123 that the very large earnings as a self-employed person by an appellant employed for only one or two shifts a week were not within the terms of the section.
Employment Rights Act 1996 123
1 Cites

[ Bailii ]
 
Doyle (By Her Mother and Next Friend) v Wallace Times, 22 July 1998; Gazette, 29 July 1998; [1998] EWCA Civ 1030; [1998] PIQR Q146
18 Jun 1998
CA
Nourse LJ, Otton LJ, Chadwick LJ
Personal Injury, Damages
A court awarding personal injury damages could make allowance for a prospective increase in salary which a claimant might have achieved upon completion of qualifications. In this case an increase was allowed at half up from an administrative pay rate to a drama teacher's pay rate.
1 Citers

[ Bailii ]
 
Regina v Governor HM Prison Brockhill, ex parte Michelle Carol Evans (No 2) Gazette, 03 September 1998; Times, 06 July 1998; [1998] EWCA Civ 1042; [1999] QB 1043
19 Jun 1998
CA
Lord Woolf MR, Judge LJ, Roch LJ (dissenting)
Torts - Other, Criminal Sentencing, Damages
The plaintiff was serving a sentence of imprisonment. Her detention was correctly calculated in accordance with the law as understood. That method was later disapproved when the Divisional Court laid down (everyone has assumed correctly) a different method of calculation. If that new method of calculation was adopted the plaintiff had been detained for 59 days too long. The plaintiff claimed damages for false imprisonment. Held: The retrospective effect of the change in the law produced by the last Divisional Court decision prevented the Governor from relying as a defence on the law as it had been declared by the earlier Divisional Court decisions which at the time of the 59 days' detention laid down the relevant law. Court decisions on the application of rules for the calculation of 'time served' whilst a prisoner awaited trial are retrospective in effect. Damages for wrongful imprisonment were to be calculated on basis of the decision made subsequent to the prisoner's release. The idea of the prospective overruling of a judgment has much to commend it.
Criminal Justice Act 1991 33 41 51
1 Citers

[ Bailii ]

 
 Sharp By her Next Friend Sharp v Pereira and Motor Insurers' Bureau; CA 24-Jun-1998 - [1998] EWCA Civ 1085; [1999] RTR 125; [1998] PIQR Q129; [1999] 1 WLR 195; [1998] 4 All ER 145
 
Morris v Kwik Save Stores Ltd [1998] EWCA Civ 1102
26 Jun 1998
CA
Kennedy, Morritt LJJ
Torts - Other, Damages
The plaintiff sought an extension of time to apply for leave to appeal against the level of damages awarded to him after his wrongful imprisonment by the defendant.
[ Bailii ]
 
Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (Formerly STC Submarine Systems Ltd) Times, 26 June 1998; [1999] 2 Lloyd's Reports 243; [1998] EWCA Civ 3534
26 Jun 1998
CA
Stuart-Smith LJ
Damages, Contract
Where damages were to be awarded for breach of warranty on sale of goodwill, an assessment according to a price earnings ratio was appropriate only if used in the contract or agreed as appropriate by the experts. In the context of a notice clause in a Share Sale Agreement requiring notice to set out "such particulars of the grounds on which such claim is based as are then known to the Purchaser promptly . . and in any event within 18 months", the court held that "The clear commercial purpose of the clause includes that the vendors should know . . in sufficiently formal written terms that a particularised claim for breach of warranty is to be made so that they may take such steps as are available to them to deal with it . . The commercial purpose may not be sensibly served if an uninformed and uninformative notice is given."
1 Cites

1 Citers

[ Bailii ]

 
 Wells v Wells; Thomas v Brighton Health Authority; etc; HL 16-Jul-1998 - Times, 20 July 1998; Gazette, 16 September 1998; [1998] UKHL 27; [1999] 1 AC 345; [1998] 3 WLR 329; [1998] 3 All ER 481; [1998] PIQR Q56; [1998] IRLR 536; [1998] 2 FLR 507; (1998) 43 BMLR 99; [1998] Fam Law 593

 
 Henderson v WA Mallett and Co; CA 21-Jul-1998 - [1998] EWCA Civ 1247
 
Clift and Another v Welsh Office Gazette, 23 September 1998; Times, 24 August 1998; [1998] EWCA Civ 1273; [1999] 1 WLR 796
23 Jul 1998
CA
Beldam and Ward LJJ and Sir Christopher Slade
Land, Damages
Whilst it was settled law that no compensation was payable for temporary disturbance to neighbouring land by building works on land compulsorily purchased, as soon as that disturbance came to produce physical damage, compensation became payable.
Compulsory Purchase Act 1965 10
1 Cites

1 Citers

[ Bailii ]
 
Wallace and others v Manchester City Council Times, 23 July 1998; [1998] EWCA Civ 1166; [1998] 3 EGLR 38; [1998] 30 HLR 1111
23 Jul 1998
CA
Morritt LJ
Landlord and Tenant, Damages
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 remains in occupation of the property, notwithstanding the breach of the obligation to repair, the loss to him requiring compensation is a loss of comfort and convenience that results from living in a property that was not in the state of repair it ought to have been in if the landlord had performed his obligation" and "Thus the question to be answered is what sum is required to compensate the tenant for the distress and inconvenience experienced because of the landlord's failure to perform his obligation to repair? Such sum may be ascertained in a number of different ways, including, but not limited to a notional reduction in the rent. Some Judges may prefer to use that method alone (McCoy v Clarke), some may prefer a global award for discomfort and inconvenience (Calabar and Chiodi), and others prefer a mixture of the two (Sturoloson v Mauroux and Brent LBC v Carmel). But in my judgment they are not bound to assess damages separately under heads of both diminution in value and discomfort. Whilst in cases within the third proposition these heads are alternative ways of expressing the same concept."
The essence of calculating of quantum is that it is a contractual claim, not one in tort. The court sets out to quantify the difference in value between the disprepaired property and the property as it would be if the landlord had fulfilled the repairing obligation. Discomfort and inconvenience for the tenant are a part of this head, not a separate, tortious, head of damages.
1 Cites

1 Citers

[ Bailii ]
 
Iane Brandenburgo Curi v Louis Ignacia Colina [1998] EWCA Civ 1326
29 Jul 1998
CA

Personal Injury, Damages

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board ex parte Kavanagh and others Times, 25 August 1998; Gazette, 16 September 1998; [1998] EWHC Admin 801
30 Jul 1998
Admn

Personal Injury, Damages
The fact that the care received by a child, whose mother had been murdered, was equivalent to the care received from the mother should be disregarded when calculating loss of mother's care.
1 Cites

[ Bailii ]
 
W Lamb Limited (Trading As The Premier Pump and Tank Company) v J Jarvis and Sons Plc [1998] EWHC Technology 304
31 Jul 1998
TCC
Judge Hicks QC
Construction, Evidence, Damages
Contractors built a petrol station, and sub-contractors the underground piping. Leaks developed, and it was agreed to complete repairs, and apportion financial repairs through the court proceedings. In a case where a judge found it difficult to apportion blame, he could return to rely upon the question of onus. The parties had not alleged contributory negligence, and no apportionment could be made under the Act. There had been no sufficient agreement as to apportionment to prevent the judge reading it as necessary to give it business sense. Where there was multiple causation of damage, it was appropriate to distribute responsibility accordingly.
Court Service The Plaintiff, as sub-contractor to the Defendant, installed the pipework for a petrol filling station. The Defendant was responsible for the concrete supporting and surrounding the pipework. The pipework developed leaks and had to be replaced. The parties had agreed that the replacement works be carried out, reserving their positions as to the expense, for which each sought to make the other liable. The current trial was of liability only. In substance the only issue was whether the pipes failed because of faulty workmanship by the Plaintiff or because of the acts or omissions of the Defendant. Held: (i) the failure was caused equally by the defaults of the Plaintiff and the Defendant; (ii) there was no rule of law which prevented effect from being given to that finding; (iii) the Defendant should pay one third of the Plaintiff's costs of the trial.
Civil Liability (Contributions) Act 1978
1 Cites

[ Bailii ]
 
Electricity Supply Nominees Limited v The National Magazine Company Limited; The National Magazine Company Limited v Electricity Supply Nominees Limited, Matthew Hall Limited, Otis Plc, Dtz Debenham [1999] 1 EGLR 130
12 Aug 1998
TCC
Judge Hicks QC
Landlord and Tenant, Damages
Apportionment of service charges.
1 Citers


 
Stephen Geoffrey Kirby v Telegraph Plc and Jane Thynne [1998] EWCA Civ 1394
13 Aug 1998
CA

Defamation, Damages

[ Bailii ]
 
K A and S B M Feakins Ltd v Dover Harbour Board Gazette, 23 September 1998; Times, 09 September 1998
9 Sep 1998
QBD

Damages, Transport
A wrongful decision by a harbour authority not to allow exports of live animals through the port, did not give a right to a private claim for damages, even though it was in breach of a statutory duty.
Harbours, Docks and Piers Clauses Act 1847 33

 
Roy Rld Hastings v Edward Frederick George Lambert [1998] EWCA Civ 1450
22 Sep 1998
CA

Damages, Litigation Practice

[ Bailii ]
 
Garrett v Wilson Davies and Co (a Firm) [1998] EWCA Civ 1469
2 Oct 1998
CA

Personal Injury, Damages, Benefits

[ Bailii ]
 
Ieuan Davies v Paula Marie Inman [1998] EWCA Civ 1606
23 Oct 1998
CA

Personal Injury, Damages

[ Bailii ]
 
Ieuan Davies v Paula Marie Inman [1998] EWCA Civ 1709
6 Nov 1998
CA

Damages, Benefits

[ Bailii ]
 
Patel and Patel v Hooper and Jackson [1999] 1 WLR 1792; [1998] EWCA Civ 1734
10 Nov 1998
CA
Nourse, Ward,Mantell LJJ
Damages, Professional Negligence
Dispute about the amount of damages to be awarded against surveyors who made a negligent overvaluation of a house for mortgage purposes on which the purchasers also relied. The surveyors expressed the opinion that the value of the house was in the region of £90,000, whereas its actual value was £65,000. The purchasers say that the house was uninhabitable and, further, that they were unable to resell it.
[ Bailii ]
 
Robert James Walker v Geo H Medlicott and Son (a Firm) Times, 25 November 1998; [1998] EWCA Civ 1806; [1999] 1 All ER
19 Nov 1998
CA
Simon Brown LJ, Mummery LJ, Sir Christopher Slade
Wills and Probate, Professional Negligence, Damages
The claimant said that the defendant solicitor had negligently failed to include in the will a specific devise of property in his favour. Held: A beneficiary who alleged negligent failure of a will draftsman to include a gift to him in a will should first establish whether rectification of the will was available, and only after failure then seek to claim under professional negligence. The solicitors had failed to carry out the testator's express instructions, and a claim by a disappointed beneficiary might stand. However the claimant here also could seek rectification of the will. The recovery of damages against a negligent solicitor had the effect of enabling the beneficiaries under the Will to retain "adventitious benefits", and accordingly fairness required that the beneficiaries share the cost of putting things right by means of rectification proceedings.
Administration of Justice Act 1970 20
1 Cites

1 Citers

[ Bailii ]
 
Henderson v WA Mallett and Co [1998] EWCA Civ 1836
25 Nov 1998
CA

Personal Injury, Damages

[ Bailii ]
 
Sarah Hougie (formerly known as Sarah Rabinowitz) v Laurence Kranat [1998] EWCA Civ 1860
26 Nov 1998
CA
Peter Gibson, Waller LJ
Landlord and Tenant, Damages
The plaintiff sought leave to appeal against the level of damages awarded to her in her claim for wrongful eviction, and against the costs award made after the award had failed to meet the amount paid into court. She said that by omitting a painting from the damages, the amount payable was reduced below the necessary figure. Held: The point was arguable and leave should be given.
Housing Act 1988 27 28
1 Citers

[ Bailii ]
 
Skerries Salmon Limited v The Braer Corporation and Assuranceforeningen Skuld and the International Oil Pollution Compensation Fund [1998] ScotCS 83
1 Dec 1998
SCS
Lord Gill
Scotland, Transport, Damages
The pursuer salmon farmer sought damages from the defender for damage to his business following the sinking of the Braer.
Merchant Shipping Act 1974 6
[ Bailii ] - [ ScotC ]
 
Wisely v John Fulton (Plumbers) Ltd Times, 02 December 1998
2 Dec 1998
IHCS

Personal Injury, Benefits, Damages
Benefits which might be payable or recoverable in respect of damages should not be disregarded when the court considers what elements are to be allowed interest when calculating personal injury damages.
1 Cites

1 Citers



 
 White, Frost and others v Chief Constable of South Yorkshire and others; HL 3-Dec-1998 - Gazette, 13 January 1999; [1999] 1 All ER 1; [1999] 2 AC 455; [1998] UKHL 45; [1999] ICR 216; [1998] 3 WLR 1509; [1999] IRLR 110; (1999) 45 BMLR 1

 
 Johnson v Unisys Limited; CA 4-Dec-1998 - Gazette, 31 March 1999; [1998] EWCA Civ 1913; (1999) IRLR 90
 
Susan Manning v Ann Hope (t/a the Priory) Times, 18 February 2000; [1998] EWCA Civ 1930
8 Dec 1998
CA

Personal Injury, Damages
Where there was an award of damages for personal injuries arising under the Act, the judge was obliged to make some reference to the statutory duties under the Act and his findings relative to them. In the absence of a finding of a breach of duty, the judgment could not be allowed to stand.
Occupiers' Liability Act 1984
[ Bailii ]
 
Springsteen v Flute International Ltd, Robert Tringham, Sony Music Entertainment Inc, Masquerade Music Ltd, Ron Winter [1998] EWHC Patents 277; [1999] EMLR 180
10 Dec 1998
PatC
Ferris J
Intellectual Property, Damages
The court awarded £1 per CD produced and not sold, and £5 per CD produced and sold for infringement by pressing CDs of recordings of the claimant artist's performances. The court considered the personal responsibility of the director of the one man company. Ferris J said: "it is necessary to look carefully at the conduct of the individual director and to see whether, if it had not been done as agent in the name and on behalf of the company, it would have made the director a joint tortfeasor. In the case of copyright infringement there is also an additional element in the form of Section 16(2) of the Copyright Designs and Patents Act 1988, under which there is an infringement of copyright not only where a person actually does any of the acts restricted by the copyright but also where a person authorises another to do any of those acts. "
Copyright Designs and Patents Act 1988 16(2)
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North Sea Energy Holdings Nv (Formerly Midland and Scottish Holdings Nv) v Petroleum Authority of Thailand [1999] 1 All ER (Comm) 173; [1999] 1 Lloyds Rep 483; [1998] EWCA Civ 1953
16 Dec 1998
CA
Waller LJ
Contract, Damages
The buyers repudiated an oil purchase agreement and the sellers accepted their repudiation. The sellers could not show that they would have been able to obtain the oil to sell. Held: They were not entitled to substantial damages.
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