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Damages - From: 1999 To: 1999

This page lists 56 cases, and was prepared on 27 May 2018.


 
 Taylor v John Webster Buildings Civil Engineering; EAT 1999 - [1999] ICR 561
 
Weaver v Delta Airlines Inc 56 F Supp 2d 1190 (1999)
1999


Transport, Damages

1 Citers


 
Bank of New Zealand v New Zealand Guardian Trust Co Ltd [1999] 1 NZLR 664
1999

Gault J, Tipping J
Commonwealth, Trusts, Damages
New Zealand Court of Appeal - Gault J said: "Recent cases show a trend in favour of analysis by reference to the scope of the duty, and enquire as to the risks against which there was a duty to protect the plaintiff. In South Australia Asset Management Corporation v York Montague Ltd [[1996] UKHL 10; 1997] AC 191 the House of Lords approached in this way a case of breach of a contractual duty of care while noting that the concurrent duty in tort was of the same scope. In the speech of Lord Hoffmann, with whom the other members agreed, it was said that the real question in such a case is the kind of loss in respect of which the duty is owed. To some extent this is merely to restate the question asking what losses is it reasonable that the law should require the wrongdoer to compensate, but it is a helpful analytical approach as illustrated in the instructive treatment in Todd, The Law of Torts (2ed 1997) para 20.3."
Tipping J observed that while historically the law has tended to place emphasis on the legal characterisation of the relationship between the parties in delineating the remedies available for breach of an obligation, the nature of the duty which has been breached can often be more important, when considering issues of causation and remoteness, than the classification or historical source of the obligation. He identified three broad categories of breach by a trustee. First, there are breaches of duty leading directly to damage or to loss of trust property. Secondly, there are breaches involving an element of infidelity. Thirdly, there are breaches involving a lack of appropriate skill and care. He continued: "In the first kind of case the allegation is that a breach of duty by a trustee has directly caused loss of or damage to the trust property. The relief sought by the beneficiary is usually in such circumstances of a restitutionary kind. The trustee is asked to restore the trust estate, either in specie or by value. The policy of the law in these circumstances is generally to hold the trustee responsible if, but for the breach, the loss or damage would not have occurred. This approach is designed to encourage trustees to observe to the full their duties in relation to trust property by imposing on them a stringent concept of causation [ie a test by which a "but for" connection is sufficient]. Questions of foreseeability and remoteness do not come into such an assessment."
1 Citers


 
Hamble Fisheries Ltd v Gardner and Sons Ltd Times, 05 January 1999; Gazette, 10 February 1999
5 Jan 1999
CA

Negligence, Damages
Without a contractual or other proximal relationship showing voluntary assumption of responsibility, no one party is liable to another for damages for pure financial losses, even though such losses were reasonably foreseeable.

 
Wadey v Surrey County Council Times, 08 January 1999; Gazette, 27 January 1999
8 Jan 1999
CA

Personal Injury, Benefits, Damages
The effect of benefits should be disregarded when calculating interest payable on past loss of earnings damages. The new legislation did not restore the common law position, but excluded benefits from not only the basic calculations, but the interest also.
Social Security (Recovery of Benefits) Act 1997 - Social Security Administration Act 1992

 
Foley; Transworld Gaming Limited v Ferranti Instrumentation Limited and Ferranti Plc [1999] EWCA Civ 564
13 Jan 1999
CA

Damages, Contract

[ Bailii ]
 
Charles Basten v I V Jacobs and Oscars (a Firm) [1999] EWCA Civ 551
13 Jan 1999
CA
Simon Brown LJ, Wilson J
Personal Injury, Damages

[ Bailii ]

 
 McMullen v Gibney and Gibney; NIHC 13-Jan-1999 - [1999] NIEHC 1
 
Philip Charles Le Petit v Feltham Tyres Ltd [1999] EWCA Civ 606
19 Jan 1999
CA

Personal Injury, Damages

[ Bailii ]
 
W v W; J v Raewyn Bell [1999] UKPC 2
19 Jan 1999
PC
Lord Browne-Wilkinson, Lord Steyn, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Millett
Commonwealth, Damages
PC (New Zealand) The claimants sught to recover exemplary damages from defendants convicted of criminal offences against them. Held: There were differences in the system between New Zealand and the English jurisdictions. The New Zealand Courts made a greater allowance for the effect of the offence on the victim. No issues of public policy clearly indicated either way. Could it be right for the Board to take a view of public policy in New Zealand different from that taken by the New Zealand Court of Appeal: "a need for consistency leads inexorably to the conclusion that an acquittal should also bar the civil remedy for exemplary damages. The decision to bar the remedy after conviction and punishment is plainly a matter of policy and the consistent application of such a policy requires that it should apply irrespective of the severity or lightness of the punishment imposed by the criminal court. " The appeal was dismissed.
1 Cites

[ Bailii ] - [ PC ] - [ PC ]
 
Cadbury Schweppes v FBI Foods [1999] 1 SCR 142; 1999 CanLII 705 (SCC); 85 ACWS (3d) 166; 191 WAC 161; [1999] SCJ No 6 (QL); JE 99-317; AZ-99111005; 83 CPR (3d) 289; 235 NR 30; 117 BCAC 161; 42 BLR (2d) 159; 59 BCLR (3d) 1; 167 DLR (4th) 577
28 Jan 1999

L'Heureux-Dube, Gonthier, McLachlin, Iacobucci, Major, Bastarache and Binnie JJ
Commonwealth, Damages, Equity, Intellectual Property
Supreme Court of Canada - Commercial law - Confidential information - Breach of confidence - -Remedies - Manufacturer using confidential information obtained under licensing agreement to manufacture competing product - Whether permanent injunction appropriate remedy for breach of confidence in this case - Whether "head start" concept applies -- Whether calculation of equitable compensation differs from common law damages.
1 Cites

1 Citers

[ Canlii ]

 
 In Re Park Air Services Plc; Christopher Moran Holdings Ltd v Bairstow and Another; HL 4-Feb-1999 - Times, 05 February 1999; [1999] UKHL 2; [2000] 2 AC 172; [1999] 1 All ER 673; [1999] 2 WLR 396; [2000] ANZ Conv R 174; [1999] 1 EGLR 1; [1999] 1 BCLC 155
 
Major v Wilcox [1999] EWCA Civ 712
4 Feb 1999
CA

Personal Injury, Damages

Fatal Accidents Act 1976
[ Bailii ]
 
Walter Frederick Scutt v John Lomax [1999] EWCA Civ 717
4 Feb 1999
CA
Judge, Tuckey LJJ
Damages, Land
The claimant sought damages for trespass to two plots comprising about one fifth of an acre. They had over many years gardened it and tended it. The defendant had bulldozed the entire area. Held: The diminution in the value of the land was not an appropriate measure of damages in respect of this trespass. The court considered the measure of damages in trespass: "Where trespass by the defendant has caused damage to the claimant's land, the claimant may be entitled to the diminution in the value of the land or the reasonable cost of reasonable reinstatement, or in some cases a figure in between. All will depend on the circumstances of the particular case, but the authorities seem to me to establish the following general propositions.
1. The claimant will ordinarily be entitled to the diminution in value of the property unless the reasonable claimant would have reinstated the land at less cost.
2. The claimant who has in fact reinstated the property will ordinarily be entitled to recover the reasonable cost of doing so, even if the cost is greater that the diminution in value, unless he has acted unreasonably in reinstating the property.
3. Where the claimant has not yet reinstated the property, (subject to 4 and 5 below) he will ordinarily be entitled to recover the reasonable cost of reasonable reinstatement, even if it is greater than the diminution in value.
4. In assessing what is the reasonable cost of reasonable reinstatement, the court will consider whether the amount awarded is objectively fair; that is fair to both parties. In particular the court will not award a sum which is out of proportion to the benefit conferred on the claimant.
5. In assessing what steps it is reasonable to take by way of reasonable reinstatement, the court will take account of the cost of the reinstatement. Thus it may not be reasonable fully to reinstate the property because the cost of doing so may not be justified. All will depend on the circumstances of the particular case."
1 Citers

[ Bailii ]

 
 Worrall v Powergen plc; QBD 10-Feb-1999 - Times, 10 February 1999; Gazette, 10 February 1999
 
Patrick George Meade (By her Next Friend Samantha Meade) v Robert James Mason [1999] EWCA Civ 780
12 Feb 1999
CA

Personal Injury, Damages
Approval of compromise of claim.
[ Bailii ]

 
 Platform Home Loans Ltd v Oyston Shipways Ltd and others; HL 18-Feb-1999 - Gazette, 10 March 1999; Times, 19 February 1999; [1999] UKHL 10; [2000] 2 AC 190; [1999] 1 All ER 833; [1999] 2 WLR 518
 
Baigent and others v The British Broadcasting Corporation and Mcculloch and O'Hare Times, 05 May 1999; [1999] ScotCS 57
19 Feb 1999
SCS
TG Coutts QC
Defamation, Scotland, Damages
Where a defendant in a defamation action caused further distress by persisting through pleadings in attempts to establish the truth of matters alleged, that fact would be reflected properly in an increase in damages.
1 Citers

[ Bailii ] - [ ScotC ]
 
Nationwide Building Society v Various Solicitors (No 3) Gazette, 03 March 1999; Times, 01 March 1999; [1999] EWHC 844 (Ch)
1 Mar 1999
ChD

Damages
Equitable compensation for breach of fiduciary duty was the actual loss suffered. Would he have acted differently but for the act? Where bad faith or worse shown any contribution of fault by the claimant would be disregarded.
[ Bailii ]
 
Anthony Rogan v Waterseal (Waterbar and Sealants) Limited [1999] EWCA Civ 1014
18 Mar 1999
CA

Personal Injury, Damages

[ Bailii ]
 
Taylor v IBC Vehicles Limited [1999] EWCA Civ 1040
19 Mar 1999
CA

Personal Injury, Damages

[ Bailii ]
 
Christopher Gaul v Robert Raeburn [1999] EWCA Civ 1048
22 Mar 1999
CA

Personal Injury, Professional Negligence, Damages, Health Professions

[ Bailii ]

 
 Nikolova v Bulgaria; ECHR 25-Mar-1999 - [1999] ECHR 16; 31195/96; (2001) 31 EHRR 64
 
Linda Mary Dibb v Kirklees Metropolitan Council [1999] EWCA Civ 1180
15 Apr 1999
CA

Personal Injury, Damages

[ Bailii ]
 
Saleslease Ltd v Davis Times, 15 April 1999; Gazette, 28 April 1999
15 Apr 1999
CA

Damages
A special loss of profit, available only because of special circumstances which were unknown to a tortfeasor, were too remote and irrecoverable. A conversion of goods prevented the plaintiff entering an unusually profitable lease of the goods.

 
Moulton v British Steel Plc [1999] EWCA Civ 1215
20 Apr 1999
CA

Personal Injury, Damages
The claimant appealed against an assessment of one-third contributory negligence in his claim for personal injuries against his employers.
[ Bailii ]
 
Lewisham and Guys Mental Health NHS Trust v Andrews Gazette, 11 August 1999; Times, 21 April 1999
21 Apr 1999
EAT

Discrimination, Damages, Wills and Probate
A claim of damages for race discrimination did not survive the claimant's death, and the estate cannot continue the claim. There is no statutory basis for such a survival, and it had not been intended by Parliament. This differs explicitly from other types of claims under general employment law, but is similar for sex discrimination.
Race Relations Act 1976

 
100 Old Broad Street Ltd and others v Sidley and Another [1999] EWCA Civ 1286
28 Apr 1999
CA

Professional Negligence, Damages

[ Bailii ]
 
Dimond v Lovell Times, 03 May 1999; Gazette, 26 May 1999; [1999] EWCA Civ 1311; [2000] QB 216; [1999] RTR 297; [1999] 3 WLR 561; [1999] 3 All ER 1; [1999] CCLR 46
29 Apr 1999
CA
The Vice-Chancellor: The Rt Hon Sir Richard Scott, Lord Justice Thorpe, And Lord Justice Judge
Consumer, Damages, Road Traffic
Mrs Dimond had a car accident as a result of Mr Lovell's negligence and sought to recover from him the cost of the hire of a replacement vehicle while her car was being repaired. Under clause 5 of the hire agreement the hire company had the conduct of any claim necessary to recover damages, and the payment of the hire charge was postponed until after its conclusion. Mr Lovell's insurance company refused to pay the cost of the replacement vehicle on the basis that the agreement under which Mrs Diamond had hired it was a regulated agreement within the meaning of the CCA and did not contain the particulars that the Act required. Consequently the agreement was unenforceable, and Mrs Dimond could not be required to pay for the hired vehicle and had therefore suffered no loss. Resolution of this issue turned on whether the hire company had provided Mrs Dimond with credit. Held: An arrangement loaning a car and postponing payment of hire charges until settlement of a damages claim was a consumer hire agreement. If made by unregulated person, it was unlawful, and the cost of hire was irrecoverable.
Consumer Credit Act 1974 - Consumer Credit (Exempt Agreements) Order 1989 3(1)
1 Cites

1 Citers

[ Bailii ]
 
Macaulay and Farley v Premium Life Assurance Co Ltd Unreported, 29 April 1999
29 Apr 1999

Park J
Professional Negligence, Damages, Wills and Probate
Executors claimed as damages the amount of Inheritance Tax which became payable on death as a result of the negligent advice given to the deceased by the defendant. Held: The damage claimed (liability for inheritance tax) was not suffered until the date of death. "The claimants are not suing in respect of a lost opportunity suffered by Mrs Macaulay in her lifetime. They are suing in respect of the IHT liability which arose on Mrs Macaulay's death and which did not exist until she died." and "the damage relied on as a central ingredient of the cause of action is the amount of IHT payable by Mrs Macaulay's estate. In my judgment, it is of some relevance that the IHT payable on death is imposed directly on the personal representatives as such. It is not imposed on the deceased "
1 Citers


 
Philip Turnbull v Stephen Waugh and Tuskar Rock Marine Limited [1999] EWCA Civ 1354
6 May 1999
CA

Personal Injury, Damages

[ Bailii ]
 
Clark v Chief Constable of Cleveland Police [1999] EWCA Civ 1357
7 May 1999
CA

Damages, Police, Torts - Other
It was appropriate for courts in all cases to give juries both general guidance on awarding damages and guidance as to the range of awards available in the circumstances. The court aslo set out the proper approach to the award of aggravated damages and exemplary damages against police. The figures the court set out were applicable to what it termed "a straightforward case", and they were not to be used in a "mechanistic manner". Where the defendant is the employer of the police officers involved, exemplary damages are unlikely to have a role, and aggravated damages should be awarded if the aggravating features would result in the claimant not receiving sufficient compensation for his injury. The bad character of the claimant was a factor which made for a "discount" on the damages.
1 Cites

1 Citers

[ Bailii ]
 
Clark v Chief Constable of Cleveland Constabulary Times, 13 May 1999; Gazette, 26 May 1999
13 May 1999
CA

Damages
The lower limit for interference by a court allowing an increase in an award for damages was reduced by the new Act, and a court on appeal, accordingly, could increase an award which was clearly inappropriate and too low.
Courts and Legal Services Act 1990 8

 
Hardwick v Hudson and Another Gazette, 03 June 1999; Times, 20 May 1999; [1999] EWCA Civ 1428
18 May 1999
CA

Personal Injury, Damages
Where the wife of an injured party had to provide unpaid service to her husband's business in his absence in order to keep that going, it was not possible to claim for her time as damages, since unlike a wife nursing her husband, the damage was too remote.
[ Bailii ]

 
 O'Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992); HL 20-May-1999 - Gazette, 09 June 1999; Times, 21 May 1999; Gazette, 02 September 1999; [1999] UKHL 24; [1999] 1 WLR 1092; [1999] BCC 600; [1999] 2 All ER 961; [1999] 2 BCLC 1
 
Bentham v Carlisle Hospitals NHS Trust Times, 20 May 1999
20 May 1999
QBD

Damages
Where a court was asked to approve a settlement of a claim for damages on behalf of a minor plaintiff, the approval should normally be a public act made in open court.


 
 Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard; CA 28-May-1999 - Times, 01 July 1999; [1999] EWCA Civ 1519
 
Abbanur Sheriff v Klyne Tugs (Lowestoft) Ltd Gazette, 07 July 1999; Times, 08 July 1999; [1999] EWCA Civ 1663; [1999] ICR 1170
24 Jun 1999
CA
Stuart Smith LJ
Discrimination, Damages
The Claimant complained to an industrial tribunal of unlawful racial discrimination. He had suffered a nervous breakdown and was certified as unfit for work due to stress. The employer had compromised all claims justiciable by the Employment tribunal. Held: The employment tribunal had similar powers to the county court when hearing cases alleging the tort of racial discrimination, and the employment tribunal therefore had the power to award damages for personal injuries suffered because of the tort. Having claimed at the industrial tribunal it was therefore an abuse of process to bring a later claim on the same facts in the county court for damages the ET could have awarded. Section 57(4) adds a head of injury for which compensation is payable since at common law a claimant cannot as a rule recover damages for injuries for feelings, save in defamation and false imprisonment.
Race Relations Act 1976 56 57(4)
1 Citers

[ Bailii ]
 
Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc [1999] EWCA Civ 1704
28 Jun 1999
CA
Lord Justice Thorpe, Lord Justice Judge
Personal Injury, Damages
The claimant appealed the calculation of damages for future losses of earmings. Held: The cross appeal on general damages failed, the effect of the injury of the plaintiff's general enjoyment of life justified the award. As to the future earnings, the accident had been followed many months later by a strike, which the judge had held the plaintiff would have taken part in. 80% of the strikers had been dismissed. The judge restricted his losses accordingly. The claimaint had argued that a settlement was in train which would lead to a cash sum being offered to each sacked striker. After judgement this was fixed at £28,000. In this case he had been discouraged from pursuing this point at trial, and the court had been inadvertently misled. Given this, the court should exercise its discretion to act upon evidence becoming available after the trial, and award the additional sum.
[ Bailii ]
 
Davies v Hardiman (T/a Didsbury Glass and Glazing) [1999] EWCA Civ 1817
13 Jul 1999
CA

Construction, Damages

[ Bailii ]
 
Joyce Andrews v Initial Cleaning Services Limited McDougalls Catering Foods Limited Gazette, 02 September 1999; Times, 18 August 1999; [1999] EWCA Civ 1831
14 Jul 1999
CA
Lord Justice Pill, Lord Justice Laws
Health and Safety, Personal Injury, Damages
Employees of one company were injured whilst working cleaning the premises of another. The issue was as to apportionment of the personal injury damages between the two companies. Held: There was an error of approach by the Recorder entitling the Court of Appeal to interfere with the apportionment. The defendant employer's duty was not delegable, and their substantial presence in the premises placed a duty upon them to check the safety of the premises and was a very significant factor in any proper apportionment. Where employees of a company were working at a remote site, the employers retained the primary responsibility for ensuring that a safe place of work and method of work were provided, even when this extended to the condition of fittings at the remote premises. In this case the employers had 75 per cent and the owners of the building 25 per cent responsibility.
Civil Liability (Contributions) Act 1978 2
1 Cites

[ Bailii ]
 
Lunnun v Singh et Al Times, 19 July 1999
19 Jul 1999
CA

Damages
Where judgment had been entered on liability, the court could still hear any evidence on an issue as to the quantification of damages which did not of itself challenge the basis of the judgment. Findings of liability could not of themselves be conclusive as to the extent of causation.

 
Rushmer and Another v Countrywide Surveyors (1994) Ltd and Another Gazette, 21 July 1999
21 Jul 1999
TCC

Professional Negligence, Damages
The measure of damages for a negligent survey was either the excess paid, or the diminution of value. The question of the uncertainty of what decisions would have been taken had further surveys been made was of no significance. The wrongly surveyed building, being in this case a main building rather than an outbuilding, damages were also awarded for hire of storage space.
1 Cites

1 Citers


 
Skandia Property (UK) Limited Vala Properties Bv v Thames Water Utilities Limited Times, 02 September 1999; [1999] EWCA Civ 1985
27 Jul 1999
CA

Damages
The defendants were liable after a flood invaded and damaged the plaintiff's premises. Having been advised professionally that the waterproofing system in the property would need replacing, the plaintiffs so replaced it but, it turned out, unnecessarily. It was held that despite acting on advice that element of damage had not been suffered and the cost could not be recovered. The assumption had been incorrect.
1 Cites

[ Bailii ]
 
Raymond Sean Hambridge v H Boulton and Son (a Firm) [1999] EWCA Civ 2024
29 Jul 1999
CA

Personal Injury, Damages

[ Bailii ]
 
Aneco Reinsurance Underwriting Limited (In Liquidation) v Johnson and Higgins Limited [1999] EWCA Civ 2035
30 Jul 1999
CA
Evans LJ, Aldous LJ, Ward LJ
Insurance, Damages

[ Bailii ]
 
Stock and others v London Underground Ltd Times, 13 August 1999; [1999] EWCA Civ 2058
30 Jul 1999
CA

Construction, Damages
The principles for damages over different heads which apply in other areas of law apply also in building disputes. Where there are several heads of damages, claims did not give rise to separate causes of action in respect of each head, and evidence of damage under each head need not necessarily be shown. There were not in this case separate acts or activities giving rise to the separate heads of claim.
[ Bailii ]
 
Young or Logan v Falkirk and District Royal Infirmary NHS Trust [1999] ScotCS 184
3 Aug 1999
SCS
Lord Reed
Scotland, Damages

1 Cites

[ Bailii ] - [ ScotC ]
 
Lunnun v Singh et Al Gazette, 11 August 1999
11 Aug 1999
CA

Damages
Where judgment had been entered on liability, the court could still hear any evidence on an issue as to the quantification of damages which did not of itself challenge the basis of the judgment. Findings of liability could not of themselves be conclusive as to the extent of causation.

 
Perre v Apand Pty Ltd [1999] HCA 36; [1999] 198 CLR 180; [1999] 64 ALR 606; [1999] 73 ALJR 1190
12 Aug 1999

Gleeson CJ, Callinan J, Kirby J
Commonwealth, Damages
(High Court of Australia) The Respondent Defendant negligently introduced into South Australia a form of potato diseas, bacterial wilt, on to the land of a farmer neighbour to the claimant. The disease did not spread to the Perre's land, but the potatoes were grown for export to Western Australia, whose regulations prohibited the import of potatoes grown within 20 kms of that land. The Perre's land was within that radius. Held. Gleeson CJ considered the exclusionary rule (and its distinction between physical and economic loss), but did not need to discuss what exactly happened to the Perre's potatoes, so as to establish whether it was physical damage. The loss was categorised as pure economic loss. Callinan J said that what happened to the uninfected potatoes "may not have been actual physical damage", but he compared what happened to them with what happens to land which is said to be subject to planning blight.
1 Citers

[ Austlii ]
 
Perks and others v The United Kingdom 25279/94; 25277/94; (1999) 30 EHRR 33; 25280/94; 25282/94; 25285/94; 28048/95; 28048/95; 28192/95; 28456/95
12 Oct 1999
ECHR

Human Rights, Damages
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 5-1; Art. 5-5 inapplicable; Violation of Art. 6-1; Violation of Art. 6-3-c; Non-pecuniary damage - financial award (Perks); Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
1 Citers



 
 MacFarlane and Another v Tayside Health Board; HL 21-Oct-1999 - Times, 26 November 1999; [2000] 2 AC 59; [1999] UKHL 50; [1999] 4 All ER 961
 
Harrison and Another v Bloom Camillin Gazette, 25 November 1999; Times, 12 November 1999; (2001) PNLR 195
28 Oct 1999
ChD
Neuberger J
Damages, Professional Negligence
When assessing the losses suffered by a plaintiff alleging that, through the professional negligence of his solicitors, he had lost the opportunity to pursue a similar action against his accountants, it was right to acknowledge, and allow for the fact that the vast majority of such actions came to be settled rather than going to full trial. The damages should reflect the uncertainties of litigation. The issue of law which would have arisen in the lost action should be treated as a question of fact in this dependent action.
1 Cites


 
Little and Others v George Little Sebire and Co Times, 17 November 1999
17 Nov 1999
QBD

Damages, Litigation Practice, Professional Negligence

1 Cites

1 Citers


 
Arab Bank Plc v John D Wood Commercial Ltd (In Liquidation) and others Times, 25 November 1999; Gazette, 08 December 1999; [2000] 1 WLR 857
25 Nov 1999
CA
Mance L.J
Damages, Insurance, Banking
Having once recovered damages against a valuer for a negligent survey, there was nothing to stop a lender recovering also under a policy of insurance under a mortgage indemnity guarantee, and so the lender was not required to give credit for monies already received. Such policies were taken out for the benefit of the lender not the borrower, and the insurance company being subrogated to the lender, no double recovery was involved.
1 Citers



 
 Nunnerley and Another v Warrington Health Authority and Another; QBD 26-Nov-1999 - Times, 26 November 1999; Gazette, 25 November 1999
 
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