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Damages - From: 2001 To: 2001

This page lists 95 cases, and was prepared on 27 May 2018.

 
Hardman v Amin [2001] PNLR 11
2001
QBD
Henriques J
Personal Injury, Damages
Henriques J said: "McFarlane does not affect the law so far as it relates to the wrongful birth of disabled children."
1 Cites

1 Citers



 
 Esso Petroleum Co Ltd v Niad Ltd; ChD 2001 - [2001] EWHC 6 (Ch)
 
Skipton Building Society v Stott [2001] QB 261
2001


Damages, Contract
In a well-developed property market where a sale is assured and the only possible issue is as to the market level, damages for loss of chance are relatively easily calculated. The fact that the sale price may be the same as the valuer’s estimate of the market value of the property will not protect the mortgagee if in fact the market value is higher. If the creditor breaches his duty under the principal loan agreement, a surety is released from his liability under the guarantee to the extent that the value of the securities has been impaired as a result of the breach.
1 Citers


 
Horace Holman Group Ltd v Sherwood International Group Ltd [2001] All ER (D) 83
2001
TCC
Judge Bowsher QC
Damages
The defendants were to pay damages after failing to provide an adequate software package. The claimants included a claim for wasted time by their directors and staff in struggling with the inadequacies of the software provided. Held: The claim was allowed.
The court cited Tate and Lyle, but said that the court did have some evidence of the amount of time spent by the directors and staff, albeit only in the form of a reconstruction from memory: "I cannot and do not say, in the absence of records there is to be no recovery."
The court rejected a suggestion of the defendants that there were relevant distinctions between income-producing and "back office" employees or indeed between short periods and long periods of diverted time. "In all cases, the claimants were paying for time which was to be a benefit to them and they lost the benefit of that time". The judge had accepted the observation of the claimants' forensic accountant that "every employer values each employee at more than the employee is paid, otherwise there is no point in employing him."
1 Cites

1 Citers


 
Amec Developments Limited v Jury's Hotel Management (UK) Limited [2001] EGLR 81
2001

Anthony Mann QC
Litigation Practice, Damages
A hotel had been built so as to encroach across a building line in breach of covenant, allowing the hotel to have 25 more rooms than it would otherwise have enjoyed. The court considered conflicting evidence as to the capital value of the additional rooms. Held: The court set out in detail its approach to the hypothetical negotiation for a licence to breach the covenant in great detail, including a preference for Amec's method of arriving at the incremental value of the additional rooms, and awarded £375,000, nearly 20 per cent of the increased value on that view. The correct date for assessing damages is normally the date before the building works in question are started.
1 Citers


 
Ryan v Liverpool Health Authority [2001] All ER (D) 15
2001


Personal Injury, Damages

1 Citers


 
Bell v Todd [2001] All ER (D) 348
2001


Personal Injury, Damages

1 Citers


 
Multigroup Bulgaria Holding AD v Oxford Analytica Ltd [2001] EMLR 737
2001

Eady J
Defamation, Damages
An article defaming an identifiable individual would give rise to a cause of action even where no one reading the article had prior knowledge of the victim. It could not seriously be suggested that "under English law an individual human being has to surmount a preliminary hurdle in order to bring defamation proceedings by showing an established reputation".
1 Citers


 
Burdis v Livsey [2001] 1 WLR 1751
2001
CC
Judge Hewitt
Damages
(Doncaster County Court)
1 Citers


 
Chiemgauer Membran Und Zeltbau Gmbh v New Millenium Experience Company Ltd Times, 16 January 2001; Gazette, 01 February 2001
16 Jan 2001
ChD

Damages, Contract
Where one party terminated a contract without cause, damages were to be assessed on the basis of the contract provision allowing that. Certain aspects of causation should be side stepped, as with the law of repudiation. It was not open to the terminating party to seek to reduce the damages it should pay, by arguing that the claimant company, which had fallen into insolvency after the contract was terminated, would have gone into liquidation in any event. Damages were to be assessed on the basis that the contract would have been performed.

 
Cerberus Software Ltd v John Anthony Rowley Times, 20 February 2001; [2001] ICR 376; [2001] EWCA Civ 1210; [2001] EWCA Civ 78; [2001] EWCA Civ 497
18 Jan 2001
CA
Lord Justice Ward Lord Justice Sedley and Lord Justice Jonathan Parker
Employment, Contract, Damages
Where a contract of employment gave the employee a right to six months notice but provided that the employer might pay salary in lieu, and the employee was wrongfully dismissed instantly, but found work within weeks, he was entitled to his full six months pay in lieu of notice, but had to give credit for the sums he earned during that time in reduction of his damages. The choice given to the employer to pay salary in lieu of notice was inconsistent with an unconditional obligation to pay the full sum.
courtcommentary.com Where (i) either party has right to terminate employment contract on six months' notice and (ii) it is agreed employer "may make payment in lieu of notice to the employee", then employer may elect whether or not to make payment in lieu of notice
1 Cites

1 Citers

[ Bailii ] - [ Bailii ] - [ Bailii ]
 
Standard Chartered Bank v Pakistan National Shipping Corporation; Seaways Maritime Limited; Oakprime International Limited; Arvind Mehra and Sgs United Kingdom Limited [2001] EWCA Civ 55; [2001] CLC 825
26 Jan 2001
CA
Potter LJ, Henry LJ and Wall J
Torts - Other, Damages
As part of its attempt to mitigate its loss caused by deceit perpetrated in relation to it by the defendants, the claimant bank presided over the sale of a cargo of bitumen in Vietnam. To do this, it sent one of its officers, to Vietnam on two occasions, each for about two months. The bank claimed his salary during those visits, namely US$30,000. The defendants appealed. Held: The appeal succeeded. Potter LJ cited Tate and Lyle and said: "It does not seem to me that either the passage quoted or the circumstances relating to the claim in Tate and Lyle justify the recovery of the proportion of Mr Griffiths' salary claimed in this case. No doubt it was true, as the judge stated, that, in visiting Vietnam, Mr Griffiths was engaged in an unusual task. However it is not suggested that his trip abroad, as an employee engaged in the business of [the bank] and in respect of whose responsibilities his salary was in any event payable, led to any significant disruption in [the bank's] business or any loss of profit or increased expenditure on [the bank's] part … In certain situations, involving particular types of trading concern, such a claim may be appropriate. In particular, building contractors who, by reason of delay, suffer increased costs attributable to a particular job which costs are irrecovable elsewhere, may claim for a proportion of their fixed overheads (including head office salaries) as part of their claim for consequential loss. However, that is not this case. There is no suggestion that the business of [the bank], or the system of charging upon which its profits depend, were in any way adversely affected by the diversion of Mr Griffiths to Vietnam."
1 Cites

1 Citers

[ Bailii ]

 
 Barret Mckenzie and Co Ltd v Escada (UK) Ltd; QBD 1-Feb-2001 - Times, 15 May 2001; [2001] EWHC QB 462; [2001] EuLR 567; [2001] All ER (D) 78
 
Mcelroy v Fredericks Dairies Ltd [2001] UKEAT 1032_00_0202
2 Feb 2001
EAT
Underhill QC Rec
Employment, Damages
The former employee appealed against the finding of the date of his dismissal. His preferred date would change the maximum award. Held: The appeal failed.
[ Bailii ]

 
 Jones (A Minor) v Wilkins (Wynn and Another, Third Parties); CA 6-Feb-2001 - Gazette, 15 February 2001; Times, 06 February 2001; [2000] EWCA Civ 3024; [2001] PIQR P12; [2001] RTR 19
 
Greenfield v Irwin and Others (A Firm) Times, 06 February 2001
6 Feb 2001
CA

Health, Professional Negligence, Damages
A woman who had had to give up work to care for a child was not able to claim damages from a nurse who had failed to diagnose her pregnancy, with the result that she had lost the opportunity to have an abortion. She had no sustainable claim for loss of earnings when she gave up work to look after the child. There is no longer any justification in a distinction being made between negligent advice cases and cases involving actual physical injury.

 
Gregory v Baldwin and Another [2001] EWCA Civ 143
8 Feb 2001
CA

Damages

[ Bailii ]
 
Cape Distribution Ltd v Aine O'Loughlin [2001] EWCA Civ 178
8 Feb 2001
CA
Lord Justice Schiemann, Lord Justice Judge, And Lord Justice Latham
Personal Injury, Damages
The company appealed the calculation of an award of damages to the respondent following the death of her husband, a former employee. The deceased had operated a company in Ireland as a property developer. The company alleged that the earnings were not directly dependent upon his input, but upon capital and otherwise. Held: Such assessments were notoriously dependent upon the particular facts of the case. Here the judge had correctly looked at the cost of buying in professional services to replace those of the deceased and otherwise.
Fatal Accidents Act 1976 3(1) - Law Reform (Miscellaneous Provisions) Act 1934
1 Cites

[ Bailii ]
 
Coxon v Flintshire County Council Times, 13 March 2001; Gazette, 29 March 2001; [2001] EWCA Civ 302
13 Feb 2001
CA

Personal Injury, Damages
The guidelines on damages for psychiatric damage did not apply to the damages claims of those who had been subjected to sexual abuse whilst children in local authority care homes. The injury in these cases was of a different character, and the Judicial Studies Board guidance could not be applied simply. In these cases there was often suffering over many years, and the injury was not a compounding of a pre-existing condition.
1 Citers

[ Bailii ]

 
 Anderson (No 126) and others and Black (No 128) and and Objections By the International Oil Pollution Compensation Board and Assuranceforeninggen Skuld (Braer) v The International Oil Pollution Compensation Fund; SCS 14-Feb-2001 - [2001] ScotCS 34
 
Cooper v Reed and Another [2001] EWCA Civ 224
15 Feb 2001
CA

Personal Injury, Damages, Negligence

[ Bailii ]
 
Thakrar v Thakrar and others [2001] EWCA Civ 262
20 Feb 2001
CA

Company, Damages
Application for permission to appeal in case on the valuation of shares.
[ Bailii ]
 
Allen and Others v British Rail Engineering Ltd and Another [2001] EWCA Civ 242; 2001] ICR 942; [2001] PIQR Q10
23 Feb 2001
CA

Personal Injury, Damages
The claimants suffered vibration white finger working for the defendants with percussive tools over many years to 1987, but then continued in other employments which also involved vibrating tools and which caused further damage. The claimants made claims in negligence against the defendants, in which the judge found that, in the light of their knowledge in 1973, the defendants should have carried out surveys to ascertain the incidence of vibratory white finger and should have warned the claimants of the risk. She also held that by 1976 the defendants should have found alternative less damaging work for the first claimant, or should have reduced the time he spent exposed to vibration. She assessed the appropriate compensation for the whole of the first claimant's injury at £11,000 but awarded him only £4,000, deducting from the total £1,500 for the period before 1976, £1,500 for the period after 1987, and £4,000, that is half the remaining £8,000, for the period from 1976 to 1987 to take account of the damage already suffered and the fact that, on the evidence, if the defendants had complied with their duty, the claimant's exposure could have been reduced by half. The first claimant accepted the deductions for damage suffered before 1973 and after 1987, but disputed the further deduction of £4,000. Held. It was contended for the first claimant that, once it had been shown that the defendants' negligence made a material contribution to the injury suffered by the claimant, the defendants were liable for the whole of the claimant's injury except in so far as it was shown or accepted that this had been aggravated by non-negligent exposure before 1973 or after 1987 by the first claimant's new employers. The defendants argued that an employer was only liable for that part of the harm suffered by the employee which was attributable to the employer's negligence. Schiemann LJ concluded: "In our judgment the case law as it now stands establishes five propositions of which the first is concerned with liability and the others with quantifying damages. (i) The employee will establish liability if he can prove that the employer's tortious conduct made a material contribution to the employee's disability. (ii) There can be cases where the state of the evidence is such that it is just to recognise each of two separate tortfeasors as having caused the whole of the damage of which the claimant complains; for instance where a passenger is killed as the result of a head-on collision between two cars each of which was negligently driven and in one of which he was sitting. (iii) However in principle the amount of the employer's liability will be limited to the extent of the contribution which his tortious conduct made to the employee's disability. (iv) The court must do the best it can on the evidence to make the apportionment and should not be astute to deny the claimant relief on the basis that he cannot establish with demonstrable accuracy precisely what proportion of his injury is attributable to the defendant's tortious conduct. (v) The amount of evidence which should be called to enable a judge to make a just apportionment must be proportionate to the amount at stake and the uncertainties which are inherent in making any award of damages for personal injury.
The application of those propositions should lead to a just and principled result. We mention by way of coda that this approach seems to accord with the view of the authors of the American Law Institute Restatement of the Law, Torts, 2d (1965), section 433A(e): "Apportionment may also be made where a part of the harm caused would clearly have resulted from the innocent conduct of the defendant himself, and the extent of the harm has been aggravated by his tortious conduct.""
1 Citers

[ Bailii ]
 
Griffiths and Others v British Coal Corporation and Another Times, 13 March 2001; [2001] EWCA Civ 336
27 Feb 2001
CA

Damages, Personal Injury, Benefits
The interest payable on an award of damages for past loss of earnings for personal injury was liable to be subject to the deduction rules applying in respect of benefits paid. Such interest fell within the definition of 'compensation for earnings lost' as defined in the Act.
Social Security (Recovery of Benefits) Act 1997 Sch 2
[ Bailii ]
 
Pugh v Cantor Fitzgerald International Times, 20 March 2001; Gazette, 03 May 2001; [2001] EWCA Civ 307
7 Mar 2001
CA

Litigation Practice, Damages
Where judgment had been entered with damages to be assessed, the issues which could be raised on the assessment of damages were any directly affecting that assessment, but the defendant could not raise an issue which would impugn the judgement leading to the assessment. It was not always however clear that an issue had been settled by the judgment in such a way as to create an estoppel.
1 Cites

1 Citers

[ Bailii ]

 
 Farrell v Avon Health Authority; 8-Mar-2001 - [2001] All ER (D) 17
 
Marsh v Frenchay NHS Trust Times, 13 March 2001
13 Mar 2001
QBD

Litigation Practice, Damages
The circumstances required to allow a person to withdraw money paid into court. The new rules created a flexibility unavailable under the old rules, and the case law associated with the old pre-Woolfe rules should not now determine how such applications are dealt with.
Civil Procedure Rules Part 36
1 Citers


 
Platt and Others v London Underground Ltd Times, 13 March 2001; Gazette, 26 April 2001
13 Mar 2001
ChD

Landlord and Tenant, Damages
A landlord let two properties at the same site to the same tenant, who operated two different businesses, one from each site. He unlawfully restricted access to the one site, and caused damage to that business, but in doing so, passers by were diverted to pass by the other business. Though liable for damages in respect of the loss of business at one site, he was able to claim by way of set off the consequent increase in profit at the other. This was so even though such a set off would not be available if the tenant had taken the second lease in the name of a different company. The one loss led predictably to the other gain.

 
Langford v Hebran and Another [2001] EWCA Civ 361; [2001] PIQR Q13
15 Mar 2001
CA

Damages, Personal Injury
The claimant sought damages for the loss of his chances of pursuing his career as a kick-boxer. The judge considered four different courses of varying success which his career might have taken. He accepted that, whether or not those scenarios had materialised, the claimant would have earned a base level of income from giving kickboxing classes. He then evaluated the percentage chance of each scenario being realised and applied the percentage to the earnings the claimant would have derived on the basis of that scenario. Held: Though the methodology in general was correct, the particular evaluation used by the judge was illogical. The judge should have applied an overall discount to reflect the many contingencies (including risk of injury) arising in respect of each scenario and the fact that none of them might have been realised. In calculating its own figures, the claimant's chances of achieving fame and fortune as a kick-boxer at various stages in his career were evaluated on a scale from 80% to 20% and damages for his loss of earnings awarded accordingly.
1 Citers

[ Bailii ]

 
 Johnson v Unisys Ltd; HL 23-Mar-2001 - Times, 23 March 2001; [2001] UKHL 13; [2001] IRLR 279; [2001] 2 All ER 801; [2001] 2 WLR 1076; [2001] ICR 480; [2003] 1 AC 518

 
 Barry v Ablerex Construction (Midlands) Ltd; CA 30-Mar-2001 - Times, 03 April 2001; Gazette, 01 June 2001; [2001] EWCA Civ 433
 
Wilding v British Telecom Plc EAT/901/99; [2001] UKEAT 901_99_0204
2 Apr 2001
EAT
The Honourable Mr Justice Charles
Discrimination, Damages
EAT Disability Discrimination - Compensation
1 Cites

1 Citers

[ Bailii ]
 
Murrell v Healy and Another Times, 01 May 2001; [2001] EWCA Civ 486; [2001] 4 All ER 345; [2002] RTR 2
5 Apr 2001
CA
Waller, Dyson LJJ
Litigation Practice, Personal Injury, Damages
Documents held by an insurance company after settling a personal injuries claim by the same claimant but as regards a later unconnected claim were admissible, since they went to an issue in the later case, namely the nature and extent of the injury from the first occasion. They were admissible even though they had been used as part of without prejudice negotiations.
[ Bailii ]
 
Charles Alexis Beattie - v - Secretary of State for Social Security Times, 03 May 2001; Gazette, 01 June 2001; [2001] EWCA Civ 498
9 Apr 2001
CA

Benefits, Damages
Regular payments from a structured settlement which had been awarded as damages in a personal injury action were capital treated as income under the regulations, and the entitlement to income support was to be affected accordingly. The regulations stated that capital payable by installments or income received under an annuity were to be treated as income, and the structured settlement was in the nature of an annuity.
Income Support (General) Regulations 1987 (1987 No 1967) 41
[ Bailii ]
 
Parkinson v St James and Seacroft University Hospital NHS Trust Times, 24 April 2001; Gazette, 01 June 2001; [2001] Lloyd's Rep Med 309; [2001] EWCA Civ 530; [2001] 3 WLR 376; [2002] QB 266
11 Apr 2001
CA
Hale LJ
Professional Negligence, Damages, Torts - Other
A mother had undergone a negligent sterilisation, and in due course she gave birth to a disabled child. Held: The right to bodily integrity is the first and most important of the interests protected by the law of tort. The cases saying that damages could not be claimed for the expense of bringing up a child should stand, but there was an exception which allowed the award of the additional, but not basic, costs and expenses of bringing up the child so far as they followed from the disability. Hale LJ stressed the importance of bodily integrity.
1 Citers

[ Bailii ]
 
Parry v Edwards Geldard (A Firm) [2001] EWHC Ch 427
1 May 2001
ChD

Agriculture, Damages, Estoppel
The court had to decide the measure of damages. The claimant had lost the opportunity to acquire without charge a milk quota. The claimant asserted an estoppel by convention. This failed. Also the judge had not properly allowed for the marriage value of changes in the value of a second plot becoming used in conjunction with nearby land.
Dairy Produce Quotas Regulations 1994
1 Cites

[ Bailii ]

 
 Southampton Container Terminals Ltd v Hansa Schiffahrts GmbH (The Maersk Colombo); CA 3-May-2001 - Times, 13 June 2001; Gazette, 14 June 2001; [2001] 2 Lloyd's Rep 275; [2001] EWCA Civ 717
 
Bank of Credit and Commerce International SA v Ali, Husain and Zafar [2001] EWCA Civ 636
4 May 2001
CA

Damages, Employment

[ Bailii ]

 
 TP And KM v The United Kingdom; ECHR 10-May-2001 - 28945/95; (2001) 34 EHRR 42; [2001] ECHR 332; [2001] 2 FLR 549; (2001) 3 LGLR 52; [2001] 2 FCR 289; (2001) 4 CCL Rep 398; [2001] Fam Law 590

 
 O'Donoghue v Redcar and Cleveland Borough Council; CA 17-May-2001 - [2001] EWCA Civ 701; [2001] IRLR 615; [2001] Emp LR 711
 
Leete v Snow and Another [2001] EWCA Civ 902
6 Jun 2001
CA

Personal Injury, Damages

[ Bailii ]
 
Chamberlain v South Downs Health NHS [2001] EWCA Civ 881
6 Jun 2001
CA

Personal Injury, Damages
Application for permission to appeal.
[ Bailii ]

 
 Kuddus v Chief Constable of Leicestershire Constabulary; HL 7-Jun-2001 - Times, 13 June 2001; Gazette, 12 July 2001; [2001] UKHL 29; [2002] 2 AC 122; [2001] 3 All ER 193; [2001] 2 WLR 1789; (2001) 3 LGLR 45
 
Boardman v Copeland Borough Council [2001] EWCA Civ 888
13 Jun 2001
CA
Schiemann LJ
Employment, Damages
The claimant had “neither pleaded nor shown any damage to him during the course of his employment which resulted from his employer’s conduct. The only damage which is demonstrated is that which followed from his dismissal and, arguably, the manner of his dismissal. That damage if it exists has been held in Johnson to be irrecoverable in a Common Law action”.
1 Cites

1 Citers

[ Bailii ]
 
Pegler Ltd v Wang (Uk) Ltd and Another [2001] EWCA Civ 1019
18 Jun 2001
CA
Kay LJ, Keene LJ
Contract, Damages, Costs
Costs had been awarded against the third party, the parent company of the defendant. Leave to appeal was sought. Held: It was arguable that the judge had not taken into account properly the interest of the company in protecting the interests of creditors and not just itself. Leave was given.
Supreme Court Act 1981 51
1 Cites

[ Bailii ]

 
 Regina (Ben-Abdelaziz) v Haringey London Borough Council and Another; CA 19-Jun-2001 - Times, 19 June 2001
 
Fitt v Woburn Land Rover Ltd and others [2001] EWCA Civ 1033
20 Jun 2001
CA
Keene LJ
Contract, Damages

[ Bailii ]
 
Regina (Ben-Abdelaziz) v Haringey London Borough Council and Another Gazette, 21 June 2001
21 Jun 2001
CA

Judicial Review, Human Rights, Damages
The claimant asserted that judicial proceedings, since they were conducted in the name of the Crown, were brought 'by or at the instigation' of a public authority, and that acts so challenged were therefore subject to the Act, even though they had taken place before the Act came into effect. The assertion was unsustainable. The Crown's involvement was nominal only, and in reality the proceedings were instigated by the claimants. The acts complained of were not therefore those of a public authority. The Supreme Court Act also precluded a claim.
Human Rights Act 1998 7, 22 (4) - Supreme Court Act 1981 31(4)

 
Winwood v Adtranz-Abb Daimler-Benz Transportation (UK and Ireland) Ltd [2001] EWCA Civ 1038
25 Jun 2001
CA
Keene LJ
Damages, Personal Injury
Renewed application for permission to appeal - refusal to make Smith v Manchester award.
[ Bailii ]
 
Perry v Scherchen and others [2001] EWCA Civ 1192; [2002] 1 P & CR DG8
27 Jun 2001
CA
Kennedy, Chadwick, Rougher LJJ
Housing, Damages

[ Bailii ]
 
Regina v McClean and McCready [2001] NIECA 26
28 Jun 2001
CANI

Road Traffic, Damages

[ Bailii ]
 
Briody v St Helens and Knowlsey Area Health Authority Times, 14 August 2001; Gazette, 31 August 2001; [2001] EWCA Civ 1010
29 Jun 2001
CA
Henry LJ, Judge LJ, Hale LJ
Damages
The appellant had claimed and been awarded damages for a negligently performed caesarean operation. She had been refused damages for the cost of later going to California to go through a commercial surrogacy procedure. Such claims were to be differentiated from payment of in vitro fertilization. The chances of success were very slim, and the expenditure unreasonable. Neither the child nor the pregnancy would be hers, and in reality it was a form of adoption.
1 Cites

1 Citers

[ Bailii ]

 
 Cantwell v Criminal Injuries Compensation Board; HL 5-Jul-2001 - Times, 16 July 2001; [2001] UKHL 36; 2001 GWD 24-879; 2001 SLT 966; 2002 SCLR 185; 2002 SC (HL) 1

 
 Phillips v Holliday and Another; CA 6-Jul-2001 - [2001] EWCA Civ 1074
 
Hulse and Others v Chambers and Another Times, 13 July 2001
13 Jul 2001
CA

Damages, Personal Injury, International
A claimant in England sought damages for personal injuries for an accident which had occurred in Greece. Although the law which decided liability was the law of Greece, the calculation of damages is a procedural issue, and in an English court was to be assessed according to English rules. The assessment of damages remained in principle a jury question, even though for many years the judge had undertaken the task.
Private International Law (Miscellaneous Provisions) Act 1995 14 (3) (b)


 
 Aylwen v Taylor Joynson Garrett; CA 19-Jul-2001 - Gazette, 19 July 2001; [2001] EWCA Civ 1171
 
Blayney (T/A Aardvark Jewelry) v Clogau St David's Gold Mines Ltd and others [2002] FSR 14
20 Jul 2001
ChD
Kim Lewison QC
Damages, Intellectual Property
The court undertook an enquiry as to damages: "(1) Damages were to be assessed liberally on the basis of such inferences as the evidence justified.
(2) Damages were to be assessed by reference to two periods, November 1992 to February 1996 and March 1996 to March 1997. The difference between them is that in the latter period but not the former Mr Blayney was incorporating Welsh gold which the judge considered to be an important selling point.
(3) Damages were to be assessed by reference to the profit Mr Blayney would have made in respect of such of the sales of infringing articles effected by Clogau as he could show he would have made but for the infringement.
(4) In the absence of any evidence as to an appropriate rate of royalty for sales of infringing articles by Clogau which Mr Blayney could not show he would have made but for the infringement Mr Blayney was not entitled to damages.
(5) Mr Blayney had not made out a case for an award of additional damages under s.97(2) Copyright Designs & Patents Act 1988."
Copyright Designs & Patents Act 1988
1 Citers


 
Jameson v Smith, Personal Representative of and Another [2001] EWCA Civ 1264
24 Jul 2001
CA

Personal Injury, Damages

[ Bailii ]
 
Isaac v West Midlands Police [2001] EWCA Civ 1405
24 Jul 2001
CA
Hale, Longmore LJJ
Police, Torts - Other, Damages
Defendant's application for leave to appeal against judgment of assault, false imprisonment and malicious prosecution for the claimant. Held: Appeal dismissed.
[ Bailii ]
 
Giles v Rhind Times, 06 August 2001; Gazette, 06 September 2001; [2003] Ch 618
24 Jul 2001
ChD
Blackburne J
Damages, Company
The company had suffered losses after an alleged breach of confidence by a director. The applicant sought to recover his losses as a shareholder, after the company became unable or unwilling itself to pursue an action to recover the losses it had suffered. The court held that the shareholder's action must fail. The losses he sought, including the devaluation of his shares in the company and otherwise, were all derived from the losses which the company had itself suffered. Where those losses might have been made good if the company itself had pursued the case, the shareholder was not able himself to pursue the loss, applying Johnson v Gore Wood & Co.
1 Cites

1 Citers


 
Patel and Another v Daybells (a Firm) [2001] EWCA Civ 1229; [2002] PNLR 6
27 Jul 2001
CA
Mr Justice Carnwath, Lord Justice Robert Walker, Lord Justice Longmore
Professional Negligence, Legal Professions, Damages
Land was purchased and a resale negotiated before it was registered. An undertaking was accepted that the seller's solicitor would discharge all charges. The purchasers sought to avoid completion by saying the Act required them to be registered before completion. The matter was completed but the seller's bank refused to sign the release. The bank gave one figure to release the charge, but then demanded more. The buyers' solicitors were alleged to have been negligent, having completed on the basis of the vendor solicitor's undertaking to discharge the mortgage. This was standard practice in conveyancing transactions. Held: In accepting the vendor's solicitors undertaking, the client was exposed to some degree of risk. Nevertheless, it was enough to show that the routine and approved practice of English solicitors is one on which "the experts have directed their minds to the question of comparative risks and benefits and have reached a defensible conclusion on the matter" The solicitors were not negligent.
Land Registration Act 1925 110(5) - Law Society's Code for Completion by Post 1984
1 Cites

1 Citers

[ Bailii ]
 
Needler Financial Services Ltd v Taber Times, 09 August 2001; Gazette, 27 September 2001; [2001] EWHC Ch 5; [2002] 3 All ER 501
31 Jul 2001
ChD
Morritt VC,
Financial Services, Damages, Professional Negligence
The claimant had been negligently advised to swap to a personal pension plan. He was to receive damages in respect of that loss, but, in the meantime, the pension company, of which he had become a member de-mutualised, and he became entitled to shares in the new company. The adviser sought to reduce the damages payable by the value of the shares. There was in fact no sufficient connection between the negligent act and the benefit received. The demutualisation in no way arose as a consequence of the negligence, even though it would not have been received but for relying upon the advice.
Financial Services Act 1986 62
1 Citers

[ Bailii ]

 
 Sharif and Others v Garrett and Co; CA 31-Jul-2001 - [2001] EWCA Civ 1269; [2002] 1 WLR 3118; [2002] 3 All ER 195; [2002] Lloyd's Rep IR 11

 
 Hussain v City of Bradford Metropolitan District Council; LT 9-Aug-2001 - [2001] EWLands ACQ_133_2000
 
Sarwar v Alam Times, 11 October 2001; [2001] EWCA Civ 1401; [2002] RTR 12; [2001] 4 All ER 541; [2002] 1 WLR 125; [2002] 1 Costs LR 37; [2002] Lloyd' Rep IR 126; [2002] PIQR P15
19 Sep 2001
CA
Judge Halbert, District Judge Wallace
Litigation Practice, Damages, Costs, Legal Professions, Insurance
Litigation had followed an accident. The claimant, a passenger, sought and won damages for personal injuries. He had taken out legal expenses insurance, and at dispute was the recovery of the cost of that insurance. He had been unaware of having the insurance and had also paid out for after the event insurance. He sought to recover the costs of the legal expenses insurance. A challenge of a judge's award in costs only proceedings should only rarely succeed. In such questions, the danger of conflicts of interest between the various insurance companies is real, and had been provided for in the regulations. Solicitors should inspect the client's various policies to clarify what legal expenses insurance was available. The need to provide free choice of solicitors did not override common provisions for small cases referring such matters to insurance panel solicitors. In a case where a passenger sued his driver, it was not appropriate for his choice of solicitor to be determined by the defendant's insurers, and after the event legal expenses insurance was a proper and reasonable expense and should be recoverable.
Insurance Companies (Legal Expenses Insurance) Regulations 1990 - Conditional Fee Agreements Regulations 2000 - Civil Procedure Rules 44.12A
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[ Bailii ]
 
Flexible Ducting Ltd v George Donald Stirling EAT/423/01
25 Sep 2001
EAT
The Honourable Lord Johnston
Employment, Damages
The issue was the valuation of share options no longer exercisable by the claimant after dismissal. Any assessment involved unwelcome speculation, but the tribunal had recognised the need to take a broad approach. No error of law was shown in the ET decision, but both parties accepted that there had been errors. The employer complained that the tribunal had valued gains not losses. The arithmetical errors asserted by the claimant seemed correct. The only step the EAT could take was to remit the case to the same tribunal.
EAT Unfair Dismissal - Compensation
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[ EATn ]
 
D Watt (Shetland) Ltd v Christian Reid EAT/424/01
25 Sep 2001
EAT
The Honourable Lord Johnston
Discrimination, Damages, Employment, Scotland
The employer appealed an award of ten thousand pounds including aggravated damages, and other elements after a finding of sex discrimination. They also awarded six hundred pounds in interest. It was asserted that Scots law did not allow for aggravated damages. The EAT has power to review an award of damages. The award of aggravated damages was inconsistent with Scottish law, and was set aside, with the award of interest being reduced proportionately.
EAT Sex Discrimination - Injury to Feelings
Sex Discrimination Act 1975 - Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996
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Bennett T/A Foxbar Hotel v Reid EAT/528/01
26 Sep 2001
EAT
The Honourable Lord Johnston
Discrimination, Damages
The employer appealed an award of ten thousand pounds for injured feelings, following a finding of sex discrimination. It was said that the award went beyond compensation to punishment. To vary such an award, the EAT must find some error of principle, or that it was so bad as to be unsustainable. Though the award might be described as generous, it did not meet that test, and the appeal failed.
EAT Sex Discrimination - Injury to Feelings
1 Cites


 
WWF -World Wide Fund for Nature (Formerly World Wildlife Fund), World Wildlife Fund Inc v World Wrestling Federation Entertainment Inc Times, 13 November 2001; [2002] FSR 32; [2001] EWHC Ch 482
1 Oct 2001
ChD
The Hon Mr Justice Jacob
Intellectual Property, Contract, Damages
The Fund sought summary relief against the use of the sign 'WWF' by the defendants, in breach of a contract. The defendants urged that the contract operated in restraint of trade. There had been long running and widespread trade mark disputes, resolved eventually by an agreement where the defendants undertook not to use the initials. That agreement came to be ignored by the defendants, and eventually the plaintiffs began this action. They argued that any contract in restraint of trade was void unless shown to be reasonable, and that in this case there was no prospect of confusion. The agreement was void. Arguments as to restraint of trade in intellectual property disputes must show some real and unreasonable fetter on trade. In this case though the Fund showed a reasonable need for such restraint. The court thought it would be odd if breach of an ordinary restraint of trade covenant (not to work in a defined area at a defined job for a defined time) did not attract an account, whereas breach of a lesser restraint (not to use a trademark in a trade otherwise permitted) did, and refused an account.
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[ Bailii ]
 
Robert Alexander Thain (Ap) v Fisher Services (Aberfeldy) Limited [2001] ScotCS 223; [2001] ScotHC 106
2 Oct 2001
SCS

Scotland, Personal Injury, Damages
The pursuer sought damages from an injury suffered duping the course of his employment. He particularly asserted that though he had not been part of a company pension, he had now lost the financial ability to make his own contributions to his personal pension. The defenders said this was a duplicate claim, and that there were insufficient averments to allow them to prepare an answer. The court held that the claim was not unarguable and should be allowed to proceed.
[ Bailii ] - [ Bailii ]
 
James Kassi v D Edwards EAT/0708/00
3 Oct 2001
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination, Damages
The claimant had been employed on a building site. On her induction she witnessed her manager groping another female member of staff, and later had comments about 'being squeezed in' which she took to be sexually charged. The employer appealed the award of damages on the basis that the conduct had not been found to have any part in her not being given work, and that no finding of discrimination had been made in respect of the words alleged. Held: The main award of damages was set aside, and the damages for injury to feelings was reduced to a standard figure of £500.00.
EAT Sex Discrimination - Direct

 
Smith and Another v Peter North and Partners Gazette, 25 October 2001
8 Oct 2001
CA
Judge LJ, Parker LJ, Bodey J
Professional Negligence, Damages, Contract
The claimants bought property at a price based upon a valuation provided by the defendants. They sought damages being the costs of repairing the property, the necessity of such repairs not having been revealed by the report. Expert valuation showed that the property, even unrepaired, exceeded in value the price paid. The defendants obtained summary judgment on the basis that no damages were payable. The claimant appealed. Held: the damages in negligence would be nil, but in contract, the damages payable were what was required in order to put the claimants in the position they would have been in the absence of a breach. Even so, the 'cost of repairs' basis would be inappropriate. It was irreconcilable with restitutionary or compensatory principles underlying the award of damages.

 
Eastgate Group Ltd v Lindsey Morden Group Inc, and Smith and Williamson (a Firm) Gazette, 08 November 2001; [2001] EWCA Civ 1446; [2002] 1 WLR 642
10 Oct 2001
CA
Potter LJ and Longmore LJ
Company, Professional Negligence, Damages
The defendant faced a claim for breach of warranties given by vendors in a company share sale agreement. The sought a contribution from the purchasers accountants who had prepared figures upon which the purchase decision was based. The defendants' liability was strictly in contract, but the contribution they sought arose in negligence. The Act formulated the liability widely. However the damage arising from one claim, was not the same as the other, and no mutual discharge would apply. The request had been refused, and the defendant appealed. Held: The judge had erred in holding that there would be no mutual discharge, and therefore the claim was capable of being subject to a claim for contribution. The fact that different sums might be payable did not mean that the claims were different. It was not correct to try to judge the issue of whether it would be just and equitable to make an order at an interlocutory stage.
Civil Liability (Contributions) Act 1978
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Jan De Nul (Uk) Limited v N V Royale Belge [2002] EWCA Civ 209; [2002] 1 Lloyd's Rep 583; [2002] Lloyd's Rep IR 589; [2002] 1 All ER (Comm) 767
10 Oct 2001
CA
Schiemann LJ, Hale LJ, Rix LJ
Insurance, Nuisance, Negligence, Damages
The contractor undertook to dredge a stretch of river. Due to his failure to investigate properly, the result was the release of substantial volumes of silt into the estuary, to the damage of other river users. His act amounted to a nuisance and a public nuisance. Could damages be recovered where the claimants had been unable to quantify their losses? However difficult that question, it was reasonable for the contractor to have taken steps to mitigate the potential loss. Held: The deposit of silt was a form of physical interference with the third parties' land.
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[ Bailii ]
 
White (Widow and Administratrix of the Estate of David Charles White Deceased) v Esab Group (UK) Ltd [2001] EWHC QB 453
11 Oct 2001
QBD
Nelson J
Personal Injury, Damages

1 Citers

[ Bailii ]

 
 Farley v Skinner; HL 11-Oct-2001 - Times, 15 October 2001; Gazette, 18 October 2001; [2001] UKHL 49; [2002] 2 AC 732; [2001] 3 WLR 899; [2001] All ER 801
 
Samuels v Benning [2001] EWCA Civ 1602
17 Oct 2001
CA

Damages

1 Citers

[ Bailii ]
 
Groom v Selby [2001] EWCA Civ 1522; [2002] Lloyds Rep Med 1
18 Oct 2001
CA
Lord Justice Brooke, Lady Justice Hale, And Mr Justice David Steel
Professional Negligence, Damages
The defendant negligently failed to discover the claimant's pregnancy. A severely disabled child was born. The question was as to the responsibility for payment of excess costs of raising a severely disabled child, a claim for economic loss. The child was damaged as a foreseeable result of contamination as it passed through the birth canal. An award of compensation limited to the special upbringing associated with rearing a child with a serious disability was fair, just and reasonable. Held: (Brook LJ) "there was no difficulty in principle in accepting the proposition that the doctor should be deemed to have assumed responsibility for the foreseeable and disastrous consequences of performing her services negligently. The doctor knew that the claimant had been sterilised and wanted no more children (let alone children with serious handicaps) and the duty of care included the purpose of ensuring that if the claimant was pregnant again she should be informed of that to allow her to prevent the birth of another child if she wished. He also found an award of compensation limited to the special upbringing associated with rearing a child with serious disability would be fair, just and reasonable."
"The principles applicable in wrongful birth cases cannot sensibly be distinguished from the principles applicable in wrongful conception cases."
Brooke LJ said: "Since [the defendant's] breach of duty caused the claimant's pregnancy to continue, when it would otherwise have been terminated, and since Mr Coghlan conceded that the chain of events that took place in this case was foreseeable even if it was extremely rare, then if this was a straightforward personal injuries claim the way would ordinarily be open for the claimant to recover damages for negligence."
Hale LJ said: "It is fair, just and reasonable that a doctor who has undertaken the task of protecting a patient from unwanted pregnancy should bear the additional costs if that pregnancy results in a disabled child."
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[ Bailii ]

 
 Aneco Reinsurance Underwriting Limited (In Liquidation) (a Body Incorporate Under the Laws of Bermuda) v Johnson and Higgins Limited; HL 18-Oct-2001 - [2001] UKHL 51; [2002] 1 Lloyd's Rep 157
 
Hardie Polymers Ltd v Polymerland Ltd [2001] ScotCS 243
31 Oct 2001
SCS
Lord Macfadyen
Scotland, European, Agency, Damages, Commercial

1 Cites

[ ScotC ] - [ Bailii ]
 
Rawlinson v Cooper [2001] EWCA Civ 1757
9 Nov 2001
CA

Personal Injury, Damages

[ Bailii ]
 
Steven Robert Evans v Pontypridd Roofing Limited [2001] EWCA Civ 1657; [2002] PIQR Q5
9 Nov 2001
CA
Judge Prosser, May LJ
Personal Injury, Damages
The claimant sought as part of his damages the cost of the care provided by family members. Counsel for the defendant raised issues about tax, national insurance and travel and other costs which a professional carer would have to bear, which led the court to reject any precise method of approach. The court should avoid a strait-jacket, such as might happen if it was said that the a proper recompense for services provided gratuitously by a family carer had to be assessed in a particular way or ways. Circumstances vary enormously. If a caring relative has given up employment to care for the claimant gratuitously, it might be appropriate to assess the proper recompense for the services provided by reference to the carer’s lost earnings. If the carer has not given up gainful employment the task remains to assess proper recompense for the services provided.
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[ Bailii ]
 
Wong v Parkside Health NHS Trust and Another Times, 07 December 2001; Gazette, 10 January 2002; [2001] EWCA Civ 1721; [2003] 3 All ER 932
16 Nov 2001
CA
Lord Justice Brooke, Lady Justice Hale and Mr Justice David Steel
Damages, Personal Injury, Torts - Other
The claimant had sued her former employer for post-traumatic stress resulting from alleged harassment at her place of work. The claimant appealed against an order refusing damages. The court had held that outside the 1997 Act which was not in force at the time, there was no tort of harassment. The question was the extent of the tort of causing intentional distress. The law provided an alternative. The claimant must pursue either criminal or civil proceedings but not both. The law had recognised extensions of the term 'molest' as between family members. Held: Before the Act there was a right only for an injunction, and not for damages for acts which themselves fell short of a tort. Whilst the 1861 Act remained in force, and where the public authorities refused to prosecute, a private claimant had to choose between the alternatives of a private prosecution, or an action for damages. For a claim for damages to succeed there must be physical or psychiatric damage, and an intention to create such harm. Although the tort is commonly labelled "intentional infliction of harm", it was not necessary to prove actual (subjective) intention to injure; it was sufficient to prove that the conduct was "calculated" to do so in the sense of being deliberate conduct which was likely in the nature of things to cause injury .
Hale LJ analysed the tort in Downton: "For the tort to be committed, as with any other action on the case, there has to be actual damage. The damage is physical harm or recognised psychiatric illness. The defendant must have intended to violate the claimant's interest in his freedom from such harm. The conduct complained of has to be such that that degree of harm is sufficiently likely to result that the defendant cannot be heard to say that he did not 'mean' it to do so. He is taken to have meant it to do so by the combination of the likelihood of such harm being suffered as the result of his behaviour and his deliberately engaging in that behaviour."
Offences against the Person Act 1861 45 - Protection from Harassment Act 1997
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[ Bailii ]
 
Union Discount Company Ltd v Robert Zoller and Others, Union Cal Ltd Times, 10 December 2001; Gazette, 17 January 2002; [2001] EWCA Civ 1755; [2002] 1 WLR 1517; [2002] CLC 314; [2002] 1 All ER 693
21 Nov 2001
CA
Lord Phillips MR, Lord Justice Schiemann, And, Lord Justice May
Jurisdiction, Costs, Damages
The claimant had incurred costs in defending an action brought by the respondents in breach of an exclusive jurisdiction agreement. They appealed a judgement against them. Held: The claim for the costs must succeed. The jurisdiction in which the claim had been brought was one which did not award costs save exceptionally. That rule did not apply in the jurisdiction agreed for, and the claim would put the claimant in the position he would have been in had the other followed the contract.
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[ Bailii ]
 
Hurstwood Developments Ltd v Motor and General and Andersley and Coinsurance Services Limited and Another [2001] EWCA Civ 1785
21 Nov 2001
CA

Damages

Civil Liability (Contribution) Act 1978 1(1)
1 Citers

[ Bailii ]

 
 Esso Petroleum Co Ltd v Niad Ltd; ChD 22-Nov-2001 - [2001] EWHC Ch 458; [2001] All ER (D) 324
 
Barry and Barry v Sutherland 2002 SLT 413; [2001] ScotCS 268
23 Nov 2001
SCS
Lord Eassie
Scotland, Torts - Other, Damages
The pursuers alleged that the defender had made fraudulent misrepresentations to them when selling them his bar business. On entry they had found a set of accounts showing a lower turnover, and exercised an option to break their lease. Held: The fact that matters did not proceed to the stage of implementation of the element of the contract comprising the sale necessarily precludes any measurement of loss by reference to a value difference at the transaction date.
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[ ScotC ] - [ Bailii ]
 
J S Bloor (Measham) Ltd v Eric Myles Calcott Times, 12 December 2001; Gazette, 24 January 2002; [2001] EWHC Ch 467; CH1997 J No: 5742
23 Nov 2001
ChD
Mr Justice Hart
Agriculture, Landlord and Tenant, Estoppel, Damages
The tenant had claimed a tenancy under the Act. The landlord sought to assert a proprietary estoppel against them. There was nothing in the 1986 Act to stop the claimants relying on a proprietary estoppel and asserting their claims to occupation. The defendant's tenancy was unenforceable against them.
Agricultural Holdings Act 1986
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[ Bailii ]

 
 Hewison v Meridian Shipping Services Pte Ltd, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd; QBD 30-Nov-2001 - [2001] EWHC QB 450
 
The Chief Constable of West Yorkshire Police v Vento EAT/522/01; [2001] UKEAT 522_01_0412
4 Dec 2001
EAT
The Honourable Mr Justice Wall
Discrimination, Damages, Employment
EAT Sex Discrimination - Direct
1 Cites

1 Citers

[ Bailii ] - [ EATn ]
 
Magnay v Corbishley [2001] EWCA Civ 1949
4 Dec 2001
CA

Personal Injury, Damages

[ Bailii ]
 
Driskel v Peninsula Business Services Ltd and Another [2001] UKEAT 0233_01_0712
7 Dec 2001
EAT
Pugsley J
Employment, Discrimination, Damages
The claimant sought leave to appeal against a finding that though there had been serious sex discrimination, the affect on her had been low, and the damages for injury to feelings reduced accordingly. Held. The appeal was dismissed. The defendant's manager had made crass sexist remarks, but the tribunal had considered them and had not erred in law in its award of £2,500.
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[ Bailii ]
 
Consignia plc v Hays plc and Another Times, 24 January 2002; Gazette, 21 February 2002
11 Dec 2001
ChD
Jacob J
Commercial, Damages
The Act created a monopoly for the claimant for the delivery of post. It asserted that the defendant was acting in beach of that monopoly, and sought damages. Held: The Act made no provision for a civil claim for damages for breach of the Act. Since the right was created by statute, and the statute provided a complete code for the right, it was not possible to use any of the exceptions in the Lonhro case to found a right to damages. The legislation granted an exclusive privilege, not an exclusive right. A privilege did not give rise to an entitlement to exclude anyone else from the privilege. It was up to Parliament to do so, not the claimant.
British Telecommunications Act 1981 66
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Goode v Owen and Another Gazette, 10 January 2002; [2001] EWCA Civ 2101; [2002] 1 WLR 1828
20 Dec 2001
CA
Pill, Tuckey, Jonathan Parker LJJ
Nuisance, Damages
The claimant owned land from which he took silage. It was next to land belonging to one defendant and let to the other as a golf range. The claimant sought damages for nuisance for the 1,000 golf balls a year escaping onto his land. The judge said it was nuisance, ordered the erection of a fence, and awarded damages for the loss of grazing. The defendants appealed. Held: Nuisance was established, but the fence would only protect even part of the land affected by the escape, and should not be imposed. Nor could damages be awarded for loss of grazing for the entire land when only a certain area was affected. Nevertheless damages were available, and the case was remitted to the County Court.
1 Citers

[ Bailii ]
 
Beard and Natwest Bank v Wigan Metropolitan Borough Council ACQ/72/2001
31 Dec 2001
LT
P H Clarke FRICS
Land, Damages, Local Government
LT COMPENSATION - compulsory acquisition of long leasehold house in poor condition - mortgage - value of unencumbered long leasehold interest determined at £7,600 - no deduction of charges when determining market value - lack of evidence regarding mortgage - no determination of amounts payable to claimants
An order had been made for the compulsory purchase of a dwelling to make it fit for habitation. It was held on a long lease at a low rent, and was subject to a charge. The property was valued at £7,000 by the council 's expert, but he had deducted the seller's costs which would not normally be borne by a purchaser. Held: Neither the local authority's costs nor the value of any of the local authority's land charges registered against the property should reduce the valuation. Those were matters between the council and the respondent, and not for the valuation.
Housing Act 1985 - Compulsory Purchase (Vesting Declarations) Act 1981
[ LT ]
 
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