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Damages - From: 2003 To: 2003

This page lists 67 cases, and was prepared on 27 May 2018.

 
RK and MK v Oldham NHS Trust [2003] Lloyds Rep Med 1
2003

Simon J
Professional Negligence, Damages
Apprehension, fear and discomfort are not generally compensatable.
1 Citers


 
Cattanach v Melchior [2003] HCA 38
2003

Kirby J
Damages
(Australia) The case arose from negligent advice following an incompletely performed sterilisation operation and one of the issues (the only issue litigated in the High Court) was whether the parents could recover as damages the cost of rearing the child, both parents and child being normal and healthy. The trial judge upheld that claim and her decision was affirmed by a majority of the Court of Appeal of the Supreme Court of Queensland ([2001] QCA 246) and by a bare majority of the High Court.
1 Citers


 
Abu v MGN Ltd [2003] 1 WLR 2001
2003
QBD
Eady J
Defamation, Damages
There should be nothing in any sense "rough and ready" about the assessment of the claimant's reputation under the offer of amends procedure in the 1996 Act. If compensation is not agreed it should be determined by the court on the same principles as in defamation proceedings. The court will take account of a range of factors similar to those in a full action, such as the gravity of the allegations, the scale of publication and any relevant aggravating or mitigating factors particular to the case.
Eady J said: "The Neill Committee recommendation was primarily directed towards providing a fair and reasonable exit route for defendants confronted with unreasonable demands from such manipulative or powerful claimants, who felt no doubt sometimes that they had them 'over a barrel'. Yet it was naturally hoped that the 'offer of amends' would help to focus minds on achieving realistic compromise, and thus reduce the cost, for a much wider range of litigants. Whether any such reform will succeed, however, must depend on whether the statutory provisions as drafted are attractive to use. In this instance, it must provide an incentive to defendants to make the offer and to claimants to accept. In either case, a rational decision can only be made if it is possible within reasonable limits to predict the range of outcomes to which one is committing oneself. For example, before making an offer a defendant needs to be able to assess the gravity of the impact of the libel upon the complainant's reputation and feelings, and this will generally have to be done in the light of the particulars of claim and/or letter before action. It would not seem fair if an offer is made and accepted on one basis, and the complainant then reveals for the first time elements of pleadable damage not previously mentioned, such as for example that his marriage has broken down or that he has lost his employment.
It would only accord with most people's sense of justice if the offer of amends is construed as relating to the complaint as notified. Such an approach would also accord with the modern 'cards on the table' approach to litigation generally and, more specifically, with the thinking behind the Defamation Pre-Action Protocol."
Defamation Act 1996 3(5)
1 Citers


 
Cleese v Clark [2004] EMLR 37; [2003] EWHC 137 (QB)
2003
QBD
Eady J
Defamation, Damages
The court looked at the calculation of damages after an offer of amends under the Act by the defendant. Held: Such calculations have to be linked to the very different circumstances of each case. Comparisons with awards after jury trial were unhepful: "I am not concerned with hypothesising as to what a particular group of 12 lay persons might have done, on the basis of what other groups of lay persons have done in the past" and "I must also have an eye to the levels of compensation awarded in personal injury claims. That is in accordance with the modern practice and was only recognised as acceptable following the Court of Appeal’s decision in John v MGN Ltd [1997] Q.B. 586. It is important to realise that there have been relatively few jury awards over the intervening period. One needs naturally to put to one side some of the well known awards in earlier cases where juries were not invited to take such factors into account. There is, therefore, as we have been told more than once recently, a ‘new landscape’ and assessments have to be made without the baggage of that previous experience." He continued: "the amount of financial compensation is likely to be assessed partly be reference to the timing, scope and effectiveness of any apology made, or proffered, and it clearly makes sense for the two matters to be on the agenda for discussion at the same time."
It is appropriate in defamation, as in other areas of the law, for a tortfeasor to "take his victim as he finds him".
Defamation Act 1996 3(5)
1 Cites

1 Citers


 
Kepple-Palmer v Exus Travel [2003] EWHC 3529 (QB)
2003
QBD
Gage J
Damages, Contract
Gage J considered a holiday disappointment claim saying: "In my opinion the claimant is entitled to a sum representing diminution in value of the holiday. In assessing this sum I take into account that this was on any view a very expensive holiday. As such, the claimant and her party were entitled to expect very high standards. As I have found, what she was provided with fell well below these high standards. Doing the best I can, and taking into account what was provided, the location and the time of year, I assess damages under this head in the sum of £22,000 as will be obvious, I calculate this on the basis of a deduction of some 25% from the contract price.
In my opinion she is entitled to a sum representing loss of enjoyment. In this respect, I take into account that this was designed to be a very luxurious holiday, coming after her, and her family's, difficult year. This is, however, not the case of a family unused to holidays. To be able to afford the cost of such a holiday indicates a degree of financial resources from which I infer that that the claimant and her family are used to some of the more expensive things in life, including regular holidays. For that reason, in my judgment, the sum for the loss of the enjoyment must be modest; I assess it in the sum of £3,000."
1 Citers


 
McKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd) Gazette, 23 January 2003; [2003] EWHC 475 (Ch)
14 Jan 2003
ChD
Jonathan Gaunt QC
Damages, Professional Negligence
The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing the value until the result was available. Held: The starting point for measuring damages was the difference in value between its assumed good condition, and the condition reported. That was subject to the overriding need to put the claimant back into the position he would have been but for the negligence. Hindsight was admissible in calculating the loss.
1 Cites

1 Citers

[ Bailii ]
 
Mean Fiddler Holdings Ltd v Islington [2003] EWCA Civ 160
24 Jan 2003
CA

Land, Damages

Land Compensation Act
[ Bailii ]
 
Dampskibsselskabet 'Norden' A/S v Andre and Cie S A [2003] EWHC 84 (Comm); [2003] 1 Lloyd's Rep 287
30 Jan 2003
ComC
Toulson J
Damages, Transport
A forward freight swap agreement was treated as terminated because of the defendants' breach of solvency guarantees. The parties agreed that the injured party's loss was to be measured by the difference between the contract rate and the market rate after the date of termination. Held: Toulson J recorded this agreement, and observed that "The availability of a substitute market enables a market valuation to be made of what the innocent party has lost, and a line thereby to be drawn under the transaction".
1 Citers

[ Bailii ]
 
Hulbert and Others v Avens and Another Times, 07 February 2003
30 Jan 2003
ChD
Richard Seymour QC, J
Damages, Trusts, Equity
The claimant sought damages for breach of trust against the defendant solicitors, who had acted as trustees under deeds of trust. They claimed for losses incurred by way of penalties for the late payment of capital gains tax. The defendants said that there should be offset the sums earned by the unpaid tax by way of interest. Held: Whether a breach of trust had occurred was to be decided as at the date of the alleged acts constituting the breach, but the damages fell to be caculated with respect to the situation as at the date of the hearing. Accordingly the sums received could be set off. Courts of equity did not award damages, but ordered restitution.
1 Cites


 
Tigana Ltd v Decoro Ltd [2003] ECC 23; [2003] EWHC 23 (QB); [2003] EuLR 189
3 Feb 2003
QBD
Mr Justice Davis
Agency, Commercial, Damages
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent's products within the UK. There were difficulties in the products (leather furniture) meeting UK fire safety standards, and with which the claimant gave assistance. The defendants did not renew the agreement, but continued to trade successfully with parties introduced. The claimant sought compensation, and the defendant resisted the application of the Regulations. Held: The claimant's role had been envisaged to be one of introducing customers, not of managing the difficulties with the Fire Regulations. Regulation 8(a) is conjunctive and cumulative: the transaction is to be due to the agent's efforts during the agency and the transaction is within a reasonable period after the agency contract terminated. The regulations are intended to be flexible. In this case, nine months was a reasonable period. The entitlement under regulation 17 continues where a contract expired by effluxion. The court set out fourteen factors to be allowed for in calculating an award: "the "damage" suffered by a commercial agent as a result of the termination of the agency (Regulation 17 (6)) is – generally speaking (and breach of contract cases aside) - to be regarded as a putative loss and not simply (by common law standards) actual loss. This is shown by the exclusion of principles of mitigation and applicability of the compensation provisions to termination on death or retirement. Clearly one important element, as the recitals to the Directive show, is to avoid a principal being unjustly enriched by retaining for itself without payment the entirety of the benefit of goodwill to which the activities of the agent during the agency have contributed. But another element (which finds both reflection and emphasis in Regulation 17(7) (a)) is to compensate the agent for the loss of a beneficial agency contract. One can perhaps there see some analogy with redundancy payments in an employment context: although the analogy cannot be pushed too far, since the policy considerations behind redundancy payments for employees are rather different."
Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3173) 8 17
1 Cites

1 Citers

[ Bailii ]
 
Cleese v Clark and Another [2003] EWHC 137 (QB); [2004] EMLR 3
6 Feb 2003
QBD
Eady J
Damages, Defamation
Assessment of damages after offer of amends. Held: the Court's award of damages serves as "an outward and visible sign of vindication"
Defamation Act 1996 3
1 Citers

[ Bailii ]
 
Habton Farms (an Unlimited Company) v Nimmo Times, 07 February 2003; [2003] EWCA Civ 68; [2003] 3 WLR 633; [2004] QB 1
6 Feb 2003
CA
Auld, Clarke, Jonathan Parker, LJJ
Animals, Contract, Damages, Agency
The first defendant had arranged for the purchase of a racehorse from the claimant, wrongly claiming to be acting as agent for the second defendant. The claimant did not then put forward the horse for sale in subsequent auctions, but then the horse contracted peritonitis and died. Held: The first defendant was liable for breach of warranty of authority. Since the claimant had decided not to put the horse in the auction because he considered the horse to have been sold already, the damages were not to be reduced by what might have been recovered at auction, because that failure derived from the sale itself.
[ Bailii ]
 
R J Tilbury and Sons (Devon) Ltd t/A East Devon Shellfish v Alegrete Shipping Co Inc (Owners of the Ship 'Sea Empress'), Assurance Foreningen Skuld (Gjensidig) and the International Oil Pollution Compensation Fund 1971 Times, 27 February 2003; [2003] EWCA Civ 65; Gazette, 03 April 2003; [2003] 1 Lloyd's Rep 327; [2003] 1 CLC 325; [2003] 2 All ER (Comm) 1
7 Feb 2003
CA
Lord Justice Kennedy, Lord Justice Chadwick, Lord Justice Mance
Transport, Damages
The applicants had a business processing whelks. After the loss of the Sea Empress, an order was made prohibiting the sale of seafood from the area. They appealed a refusal of compensation for their losses. The respondents would be liable to make recompense if the loss could be said to be "damage caused by contamination resulting from the discharge or escape" of oil. Held: The liability imposed by the Act is limited to the area surrounding the accident. The claim for damage was too remote.
Merchant Shipping Act 1995 Sch4 153 - Hague Rules
1 Cites

1 Citers

[ Bailii ]

 
 Sandeman Coprimar Sa v Transitos Y Transportes Integrales S L , Bradford Cargo Terminal Limited, Spain Tir Centro Transportes Internacionales S A , Interserve International Freight Plc, Joda Freight; CA 11-Feb-2003 - Times, 13 February 2003; [2003] 2 WLR 1496; [2003] QB 1270; [2003] EWCA Civ 113
 
K B and Others, Regina (on the Application of) v Mental Health Review Tribunal and Another Times, 05 March 2003; [2003] EWHC 193 (Admin); Gazette, 10 April 2003; [2004] QB 936; [2003] 3 WLR 185
13 Feb 2003
Admn
Mr Justice Stanley Burnton
Health, Damages, Human Rights
The claimants were entitled to damages for their detention as mental patients, where this had been found to be wrongful as an infringement of their human rights. The court considered the appropriate level of damages. Held: There was no clear guidance in existence on the proper level of damages. An English court should be no lower than would be awarded for a comparable tort, an in line with general awards in this jurisdiction. It was wrong to compare such a detention with wrongful imprisonment since that would often be accompanied by feelings of humiliation and otherwise arising from the deliberately wrongful intention of the act in question. The court should compensate the injured party for his injury. It should not be lower because it was an human rights award. Even for mentally ill claimants not every feeling of distress would give rise to an award.
1 Citers

[ Bailii ]
 
Barrow v Cosignia Plc [2003] EWCA Civ 249
18 Feb 2003
CA
Lord Phillips MR
Personal Injury, Damages
"While the case demonstrates confusion about principles, both of pleading and of the law of causation, it raises no issue of general, or indeed any, interest other than to the parties, and I hope that no-one will bother to report it. "
[ Bailii ]
 
Fletcher v The Commissioners of Public Works in Ireland [2003] 1 IR 465
21 Feb 2003


International, Personal Injury, Damages
(Irish Supreme Court)
1 Citers

[ Bailii ]
 
Langley and others v Coal Authority Times, 31 March 2003; [2003] EWCA Civ 204
21 Feb 2003
CA
Peter Gibson, Mance LJJ, Hopper J
Utilities, Damages, Land
The claimants were owners of properties damaged by landslip. The respondent authority asserted it had the right under the Act to elect to pay compensation rather than to executre works to re-instate the property, and also to limit the amount of compensation. Held: The section allowed the Authority to elect either to pay compensation equal to the diminution of value in the property, or to execute works to re-instate the property. Having not made such an election, the Authority was obliged to carry out the works. That remaining duty was unaffected by the amount of costs which would have had to be allowed for if an election had been made.
Coal Mining Subsidence Act 1991 6(2)
[ Bailii ]
 
Keen v Tayside Contracts Times, 27 March 2003; [2003] ScotCS 55
26 Feb 2003
OHCS
Lady Paton
Scotland, Personal Injury, Damages
The claimant sought damages for post traumatic stress disorder. He was a road worker instructed to attend by the defendant immediately after a terrible accident. Held: It was a classic case of nervous shock. He was not a rescuer, and nor had he faced any personal danger, nor been physically injured. The range of people who might claim as secondary victims had been extended, but not yet this far. The concept of secondary victim focussed on the way the injury occurred, not how it was caused or by whom.
1 Cites

[ Bailii ] - [ ScotC ]
 
Morris v Richards [2003] EWCA Civ 232
27 Feb 2003
CA
Mr Justice Keene Lord Justice Schiemann
Personal Injury, Damages

[ Bailii ]
 
Sahib Foods Limited and Co-operative Insurance Society Limited v Paskin Kyriakides Sands (A Firm) [2003] EWHC 142 (TCC)
3 Mar 2003
TCC
His Honour Judge Bowsher Q.C.
Professional Negligence, Construction, Damages
The claimants were lessees of premises, and the second claimants had contracted to purchase it. The premises burned down, and the claimants sought damages from the architect respondents. The fire began because of negligence by the claimant's employee in a preparation area after leaving a gas fire burning. Held: The defendants had failed in their design to provide proper safeguards. Damages were to be assessed by first assessing the total loss to Sahib (both physical and consequential in terms of trading loss), and then deducting the total of what would have been lost (both physical and consequential) if the fire had been contained but for the design fault.
1 Cites

1 Citers

[ Bailii ]

 
 Moohan v City of Glasgow Council; OHCS 11-Mar-2003 - [2003] ScotCS 58; 2003 SLT 745

 
 Coflexip Sacoflexip Stena Offshore Limited v Stolt Offshore Limitedstolt Offshore Limited Stolt Offshore A/S; CA 13-Mar-2003 - [2003] EWCA Civ 296; [2004] FSR 34
 
McCrae v Chase International Express Ltd [2003] EWCA Civ 505
14 Mar 2003
CA

Damages, Personal Injury

[ Bailii ]
 
Williams v Devon County Council Times, 25 March 2003; [2003] EWCA Civ 365
18 Mar 2003
CA

Personal Injury, Benefits, Damages
The claimant had recovered damages, but was ordered to pay costs since she had recovered less than was paid in. She appealed. Held: There were anomalies in the system with regard to the recoverable social security benefits. The sums recoverable were not reduced in line with any reduction for contributory negligence, benefits could be recovered for time periods for which no award was made, and the benefits could be set off against a wider range of sums. The calculation upon which the costs decision must therefore be made to reflect no more than the amount appropriate for the head of damages against which the benefits could be offset. There remained difficulties which the court should deal with within its discretion.
Civil Procedure Rules 36.20 - Social Security (Recovery of Benefits) Act 1997 8
1 Citers

[ Bailii ]
 
Willbye (By Her Mother and Next Friend) v Gibbons [2003] EWCA Civ 372
19 Mar 2003
CA
Lord Justice Kennedy Mr Justice Scott Baker
Personal Injury, Damages
Both parties appealed against the lower court's orders. The claimant, a child was injured by a car driven by the defendant, who had been found 25% responsible. The claimant had suffered head injuries, and subsequently epilepsy. Held: The award of £80,000 for pain suffering and loss of amenity was not so wrong as to allow interference by the Court (Housecroft). The court increased the award to take into account the need for extra assistance if the appellant has children, or if she finds herself living alone, or even wanting to go on holiday alone, when assessing her need for future care. She should also receive the costs of the receivership at the court of protection.
1 Cites

1 Citers

[ Bailii ]
 
Experience Hendrix LLC v PPX Enterprises Inc and Another [2003] EWCA Civ 323; Times, 19 April 2003; Gazette, 05 June 2003; [2003] 1 All ER (Comm) 830
20 Mar 2003
CA
Lord Justice Peter Gibson Mr Justice Hooper Lord Justice Mance
Intellectual Property, Damages
The claimant had obtained an interim injunction against the defendant for copyright infringement, though it could show no losses. It now sought additionally damages. The defendant argued that it could not have both. Held: The case arose form the defendant doing what he had agreed not to do, in circumstances where damages might be inadequate. PPX risked being unable to market its products, and reached the agreement which it then went on to breach. Any reasonable observer would think the claimant entitled to damages. The award of a full account would be artificial, and an undertaking would be effective.
Dramatic and Musical Performers Protection Act 1958 1
1 Cites

1 Citers

[ Bailii ]
 
Giullietta Galli-Atkinson v Seghal [2003] Lloyds Rep Med 285; [2003] EWCA Civ 697
21 Mar 2003
CA
Lord Justice Thorpe, Lord Justice Latham, Mr Justice Wilson
Damages, Personal Injury
The claimant's daughter was fatally injured in car accident, dying shortly after. The mother came upon the scene, witnessed a police cordon at the scene of the accident and was told of her death. She later saw the injuries at the mortuary and suffered psychiatric reaction. Held: Her appeal succeeded. The aftermath could be seen to include more than one component. The test was as to proximity. Latham LJ explained that the deceased's mother's visit to the mortuary could not be excluded from the events regarded as a part of the aftermath of the accident. Those events stretched from "the moment of the accident until the moment [the mother] left the mortuary". In this case there could be seen to be one unbroken chain of events between the discovery of the body and the events at the mortuary. An event might be made up of a number of components as could the aftermath "provided that the events alleged to constitute the aftermath retain sufficient proximity to the event".
1 Cites

1 Citers

[ Bailii ]
 
Sowden v Lodge [2003] EWHC 588 (QB)
25 Mar 2003
QBD

Damages, Personal Injury

1 Citers

[ Bailii ]
 
Glen and Other v Korean Airlines Company Ltd Times, 18 April 2003
28 Mar 2003
QBD
Simon J
Damages, Personal Injury, Transport
The claimant sought damages for personal injuries under the Act. The injuries were psychiatric, being suffered when they witnessed a crash from the ground. Held: Psychiatric injury is a recognised form of personal injury, and no statute excluded such claims, and nor was there any reason why they should be excluded from the statute. The law had changed since the earlier statute. However the normal requirements as to foreseeability and remoteness applied.
Civil Aviation Act 1982 76(2) - Air Navigation Act 1920
1 Cites


 
Pearce v Lindfield and others [2003] EWCA Civ 647
1 Apr 2003
CA

Personal Injury, Damages

[ Bailii ]
 
Irvine and others v Talksport Ltd [2003] EWCA Civ 423; [2003] FSR 35; (2003) 26(5) IPD 26029; [2003] 2 All ER (Comm) 141; [2003] 1 WLR 1576; [2003] EMLR 26; [2003] 2 All ER 881
1 Apr 2003
CA
Brooke, Schiemann, Jonathon Parker LJJ
Intellectual Property, Damages
Mr Irvine brought an action in passing off against the defendants who were said to have used his image in its advertising, but without his consent. The claimant appealed against the damages awarded (£2,000) and the defendant appealed against the finding of liability.
1 Cites

1 Citers

[ Bailii ]

 
 Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association; EAT 8-Apr-2003 - EAT/726/02; EAT/848/02; Times, 09 June 2003; [2003] EAT 0726_02_2205; [2003] UKEAT 0726_02_2205

 
 Herring v Ministry of Defence; CA 10-Apr-2003 - [2003] EWCA Civ 528; Times, 11 April 2003; Gazette, 19 June 2003; [2004] 1 All ER 44
 
Anyanwu v London Borough of Hackney [2003] EAT 0295_02_1504; [2003] UKEAT 0295_02_1504
15 Apr 2003
EAT
Mitting J
Employment, Discrimination, Damages
The claimant had been found to be subject to unlawful sex discrimination, but had had an award of nil damages. She appealed.
[ Bailii ] - [ Bailii ]

 
 Regina (on the Application of O'Brien, Hickey, Hickey) v Independent Assessor; QBD 16-Apr-2003 - [2003] EWHC 855 (Admin); Times, 05 May 2003; Gazette, 03 July 2003
 
Ali Reza-Delta Transport Co Ltd v United Arab Shipping Co Sag [2003] EWCA Civ 684; Times, 27 May 2003
2 May 2003
CA
Lord Justice Peter Gibson, Lord Justice Tuckey, Mr Justice Nelson
Damages
Substantial items of equipment had been destroyed in Saudi Arabia, and needed to be valued. Held: The valuation had to include the time and place of its destruction. Accordingly the valuation correctly calculated the loss by asking for the best second hand price in Europe and added the costs of transportation.
1 Cites

[ Bailii ]
 
Geoffrey Chatwin v Janice Lowther [2003] EWCA Civ 729; Times, 04 August 2003
21 May 2003
CA
Lord Justice Brooke Lady Justice Hale Mr Justice Wilson
Damages, Benefits
The case concerned the meaning of the phrase 'compensation for earnings lost' as it applied to self employed persons. Held: The fact that a person's accounts described fees as turnover, did not prevent them being still earnings within the Act.
Social Security (Recovery of Benefits) Act 1997 Sch2 Col1
1 Cites

[ Bailii ]

 
 Shetland Sea Farms Ltd, Assuranceforeningen Skuld v International Oil Pollution Compensation Fund and others; ScS 28-May-2003 - [2003] ScotCS 153
 
Mohammed Ali Shaher and others v British Aerospace Flying College Limited [2003] ScotCS 155; 2003 SLT 791; 2003 SC 540
29 May 2003
IHCS
Lord Abernethy and Lord Johnston and Lord Marnoch
Scotland, Litigation Practice, Damages
The pursuers claimed for the death of their son, a trainee pilot aged 19, in a flying accident. The defenders reclaimed against the Lord Ordinary's awards of £35,000 to each parent. In the course of the reclaiming motion the pursuers invited the Extra Division to take account of recent jury awards in deciding whether the Lord Ordinary's awards should stand. Held: The overall philosophy of Scottish practice is that the assessment of damages is first and foremost a matter for a jury. It is this philosophy which gives to awards of damages their essential legitimacy. The parents of an adult son who was killed in a flying accident should be awarded £20,000 each under section 1(4) of the Damages (Scotland) Act 1976 for their bereavement. ""As it seems to us, there is clearly a huge gulf not only between the level of judicial awards and the level of two recent jury awards in respect of the loss of an adult child but between the level of judicial awards and the level of recent jury awards so far as bereavement generally is concerned. This, in turn, is reflected by a similar gulf as between the submissions advanced on behalf of the defenders and appellants, on the one hand, and, on the other hand, those advanced on behalf of the pursuers and respondents. We would be less than frank if we did not immediately concede very real difficulty in finding a way to bridge that gulf. "
Damages (Scotland) Act 1976 194)
1 Cites

1 Citers

[ Bailii ] - [ ScotC ]
 
Josephine Murray and others v Greenock Dockyard Limited [2003] ScotCS 164; 2004 SLT 346
4 Jun 2003
SCS
J. Gordon Reid, QC
Scotland, Personal Injury, Damages
The deceased contracted mesothelioma from exposure to asbestos, and died. He and the pursuer had married in 1959 at 21. They were married over 41 years, and had one child. The marriage had its ups and downs, and for a time during the 1980s was difficult. The deceased was drinking heavily and the pursuer had left the matrimonial home with their daughter to give him a "wee fright", but returned after two weeks. He undertook to cut back on his drinking and normal married life was resumed. Held: The marriage was generally happy and that there was a close loving relationship between them. Over the last ten years before his death the pursuer looked after the deceased and was devoted to him and in his last year organised her day so that she could be with him. The deceased was a heavy smoker and had a breathless turn in 1999. During the course of subsequent investigation the mesothelioma was diagnosed. He underwent radiotherapy (three fractions). His GP subsequently recorded that pain did not seem to be a problem. In the last year of his life the deceased was less unfortunate than some mesothelioma sufferers. He did not suffer quite as much pain and discomfort as some, and awarded £20,000 to the pursuer in respect of her section 1(4) claim, and £47,500 to her as executrix in respect of her section 2(1) claim for solatium.
1 Citers

[ Bailii ] - [ ScotC ]
 
Douglas Williams and others v Glyn Owen and Co [2003] EWCA Civ 750
11 Jun 2003
CA
Lord Justice Auld Lord Justice Clarke Lord Justice Jonathan Parker
Damages, Professional Negligence
Land was sold at auction. The particulars appeared to included valuable milk quota. The vendor was unable to complete, but no completion notice was served. The judge had held that the correct measure of damages was the difference (in financial terms) between what would have happened had a completion notice been served by Mr Williams and what actually happened. That sum was small. Held: the judge's treatment of the evidence was unsatisfactory. Had the purchaser obtained possession, he might have been able to trade at a profit for the intervening period. Damages were increased to reflect those losses.
1 Cites

[ Bailii ]
 
BP Oil UK Ltd v Kent County Council [2003] EWCA Civ 798; Ghazette, 04 September 2003
13 Jun 2003
CA
Lord Justice Kennedy, Lord Justice Mummery And Lord Justice Carnwath
Land, Damages, Limitation
BP sought compensation after its land had been acquired compulsorily. The council said its claim was time barred. BP appealed from the Lands Tribunal, saying an agreement with the Authority had kept its claim alive. Held: The fact of entry did not prevent purchase by agreement, which was usual. The agreement gave rise to a claim for consideration, and it was under that agreement that the authority had taken possession. Appeal allowed.
Limitation Act 1980 9 - Compulsory Purchase Act 1965 11
1 Cites

[ Bailii ]

 
 Channel Islands Knitwear Company Limited v Hotchkiss; PC 16-Jun-2003 - [2003] UKPC 45
 
Luke v Kingsley Smith and Company and Others [2003] EWHC 1559 (QB); [2007] Lloyd's Rep PN 29
23 Jun 2003
QBD
Davis J
Professional Negligence, Damages
The claimant sued various of those who had represented him in a claim against the Ministry of Defence. He believed that he had had to accept an inadequate sum in settlement after being at risk of losing the claim for non-prosecution. The defendant solicitors sought contribution from the solicitors who had taken over the case and from counsel. Held: The question was: "when did the loss of the right to proceed further with the action occur?" It was wrong to say on behalf of the second and subsequent lawyers that the action had already been lost by the time they assumed responsibility. All three defendants may have contributed to the loss. There had been only one loss and: "one damage; that is, the loss of the chance to pursue the action successfully to trial; and that that loss was occasioned by the combined effect of the torts of Kingsley Smith and of Wansbroughs and Miss Addy."
Civil Liability (Contribution) Act 1978 1(1)
1 Cites

[ Bailii ]
 
Thomson Directories Ltd v Planet Telecom Plc and others [2003] EWHC 1882 (Ch)
4 Jul 2003
ChD
Laddie J
Intellectual Property, Damages
Infringement of database right.
[ Bailii ]
 
Willemse v Hesp [2003] EWCA Civ 994
11 Jul 2003
CA
Lord Justice Potter Lady Justice Arden And Lord Justice Keene
Personal Injury, Damages
The defendant appealed an award of damages to the claimant after a road accident. He had been constructing a boat, and had reduced earnings during this period. Held: This was a classic case for a Smith v Manchester-type award, rather than the selection of a multiplicand even on an 'educated guess' basis. The claimant had undoubtedly suffered reduced earning capacity and was at a disadvantage in the future labour market and the development of his career, but the level of his actual earnings loss depended on how far he sought to decide to work full-time and/or to develop his career in a way which had not been demonstrated before the accident. The award was reduced accordingly.
Judicial Studies Board Guidelines for the Assessment of Damages in Personal Injury Cases
[ Bailii ]
 
Hargreaves and others v Barron Industrial Services Ltd [2003] EWCA Civ 1038
24 Jul 2003
CA
Lord Justice Brooke Lord Justice Johnathan Parker
Damages
The appellant challenged an order awarding damages to the claimant for the loss of chance of being awarded a contract. There had appeared to be evidence linking an officer of the appellant with corrupt efforts to award the contract elsewhere. Held: The assessment of damages in such cases must be difficult. Nevertheless, the judge had provided a carefully constructed judgment, and it was above criticism. Appeal dismissed.
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Eagle v Chambers [2003] EWCA Civ 1107; Times, 01 September 2003; [2004] RTR 115
24 Jul 2003
CA
Ward, Waller, Hale LJJ
Negligence, Road Traffic, Personal Injury, Damages
The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was 60% to blame. Held: Courts have consistently required drivers to recognise that they control dangerous machinery. It would be rare for a driver not to have greater responsibilty than a pedestrian for injury. In this case the claimant would be held 40% responsible.
Lady Justice Hale said: "The potential 'destructive disparity' between the parties can readily be taken into account as an aspect of blameworthiness" and "It is rare indeed for a pedestrian to be found more responsible than a driver unless the pedestrian has suddenly moved into the path of an oncoming vehicle. That is not this case. The Court has consistently imposed upon the drivers of cars a high burden to reflect the fact that the car is potentially a dangerous weapon".
Hale LJ said that the court could not avoid comparing the two parties: "We also accept that this court is always reluctant to interfere with the trial judge's judgment of what apportionment between the parties is 'just and equitable' under the 1945 Act. But a finding as to which, if either, of the parties was the more responsible for the damage is different from a finding as to the precise extent of a less than 50 per cent contribution. There is a qualitative difference between a finding of 60 per cent contribution and a finding of 40 per cent which is not so apparent in the quantitive difference between 40 per cent and 20 per cent. It is rare indeed for a pedestrian to be found more responsible than a driver unless the pedestrian has suddenly moved into the path of an oncoming vehicle. That is not this case. The court 'has consistently imposed upon the drivers of cars a high burden to reflect the fact that the car is potentially a dangerous weapon': Latham LJ in Lunt v Khelifa [2002] EWCA Civ 801."
Law Reform (Contributory Negligence) Act 1945 1(1)
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The Secretary of State for Transport v George William Christos, Maureen Ellen Christos [2003] EWCA Civ 1073
25 Jul 2003
CA
Lord Justice Mummery Lord Justice Sedley The Vice-Chancellor
Land, Damages

Channel Tunnel Rail Link Act 1996
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So Lectron Scotland Ltd v G N Roper and others EAT/305/03
31 Jul 2003
EAT
The Honourable Mr Justice Elias
Employment, Damages
EAT Contract of Employment - Damages for breach of contract

 
British Telecommunications plc v Reid Times, 09 October 2003; Gazette, 16 October 2003; [2003] EWCA Civ 1675; [2004] IRLR 327
6 Oct 2003
CA
Ward LJ, Latham LJ, Keene LJ
Damages, Discrimination
The respondent appealed an award of £10.000 for damages for an act of direct race discrimination. The claimant, of Afro-Caribbean origin, had been subjected to a racist comment. Held: Translating hurt feelings into hard currency will always be an artificial exercise (Vento). The reasons for the award of aggravated damages were apparent from the tribunal's findings. The transgressor had not been punished, but had even been promoted.
Race Relations Act 1976
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Cooke, Sheppard, Page v United Bristol Health Care, Stibbe and Another, Lee [2003] EWCA Civ 1370; Times, 24 October 2003; Gazette, 13 November 2003
16 Oct 2003
CA
Lord Justice Laws Lord Justice Dyson Lord Justice Carnwath
Damages, Personal Injury
The claimant appealed against his damages award, saying that it should have allowed for the anticipated rises in the cost of providing his care in the future. Held: Rises in future costs were already factored into the tables used for settlements. Attempts to show that rises would be more substantial trended to undermine that system, and should be resisted by the courts. Attempts to separate out such costs were nothing but 'smoke and mirrors'. At a political level, the discount rate might be reset, but at a judicial level it could not be.
Damages Act 1996 1(1) - Damages (Personal Injury) Order 2001 (2001 No 201)
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Cooke v United Bristol Health Care [2003] EWCA Civ 1370
16 Oct 2003
CA

Personal Injury, Damages

[ Bailii ]
 
Anufrijeva and Another v London Borough of Southwark Gazette, 20 November 2003; Times, 17 October 2003; [2003] EWCA Civ 1406; [2003] 3 FCR 673; [2004] QB 1124; [2004] 2 WLR 603; [2004] HLR 22; [2004] HRLR 1; 15 BHRC 526; [2004] 1 FLR 8; (2003) 6 CCL Rep 415; [2004] Fam Law 12; [2004] UKHRR 1; [2004] BLGR 184
16 Oct 2003
CA
The Lord Chief Justice Of England And Wales, The Master Of The Rolls, And Lord Justice Auld
Human Rights, Damages
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a right under Article 5, does not necessarily result in an award of damages. The discretionary exercise of deciding whether to award compensation under the HRA is not to be compared to the approach adopted where damages are claimed for breach of an obligation under civil law. The level of awards by the Ombudsman were a better guide. A claim for damages under the HRA for maladministration is likely to cost substantially more to try than the amount of any damages that are likely to be awarded, and procedures should be followed to ensure that costs were not wasted.
European Convention on Human Rights 8
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 Rees v Darlington Memorial Hospital NHS Trust; HL 16-Oct-2003 - [2004] 1 AC 309; [2003] UKHL 52; Times, 21 October 2003; [2003] 3 FCR 289; [2004] Fam Law 22; [2004] Lloyds Rep Med 1; [2004] PIQR P14; [2004] 1 FLR 234; [2003] 4 All ER 987; [2003] 3 WLR 1091; (2004) 75 BMLR 69

 
 Barings Plc (In Liquidation) and Another, Barings Futures (Singapore) Pte Ltd (In Liquidation) v Coopers and Lybrand (A Firm) and Others, Mattar and 36 Others; ChD 17-Oct-2003 - [2003] EWHC 2371 (Ch)
 
Raitt v Lunn [2003] EWCA Civ 1449
22 Oct 2003
CA
Lord Justice Potter Lord Justice Rix Lord Justice Carnwath
Personal Injury, Damages

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Sinclair Roche and Temperley (A Firm) v Somatra Ltd (Damages) [2003] 2 Lloyd's Rep 855; [2003] EWCA Civ 1474
23 Oct 2003
CA
Schiemann, Tuckey, Longmore LJJ
Professional Negligence, Damages
The 'Somatra' was lost at sea. The insurance claim had been refused on the basis that the ship was unseaworthy. The owners came to instruct the appellant solicitors to represent them in the insurance claim. Having lost confidence in the solicitors, they had to change solicitors shortly before the trial, and said they were unable to claim the 75% of their claim they would have settled for at trial. The solicitors appealed against an award of the difference between that sum and the sum actually received. Held: The appeal failed. There had been a clear chance of settling at the figure claimed.
The judge was entitled to make the award of costs he had ordered because of his findings as to the behaviour of the solicitor-partner involved.
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 Dr S D Silva May and Liddle v Harrison; EAT 28-Oct-2003 - UKEAT/128/03
 
Pinnington v Crossleigh Construction [2003] EWCA Civ 1684
3 Nov 2003
CA

Personal Injury, Damages

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 Douglas and others v Hello! Ltd etc; ChD 7-Nov-2003 - [2003] EWHC 2629 (Ch); [2004] EMLR 2
 
Christos and Another v Secretary of State for the Environment, Transport and the Regions [2003] EWLands ACQ_69_2001
11 Nov 2003
LT

Land, Damages
LT COMPULSORY PURCHASE – Compensation – dwellinghouse and adjoining land – whether property value agreed – whether acquiring authority estopped from denying that the value is the 'agreed' figure – whether damage to property after valuation date to be reflected in compensation – whether claimants' company suffered loss as a result of compulsory acquisition – whether surveyors' fees should be limited to Ryde's scale (1996) – other detailed disturbance items considered – compensation awarded £618,945.
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Prigmore v Welbourne [2003] EWCA Civ 1687
21 Nov 2003
CA

Damages, Personal Injury

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Lagden v O'Connor [2003] UKHL 64; Times, 05 December 2003; [2004] 1 AC 1067; [2004] 1 All ER 277; [2003] 3 WLR 1571; [2004] Lloyd's Rep IR 315; [2004] RTR 24
4 Dec 2003
HL
Lord Nicholls of Birkenhead, Lord Slynn of Hadley, Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe
Damages, Road Traffic, Costs
The parties had been involved in a road traffic accident. The defendant drove into the claimant's parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought payment of the cost of the credit agreement. Held: A negligent driver must take his victim as he finds him. Mr Lagden's claim was, in essence, a claim for the loss of use of his car while it was in the garage undergoing the repairs as a result of the accident. He had no choice but to hire the vehicle, and but to do so on credit. The cost of the credit was recoverable.
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Hamilton Jones v David and Snape (a Firm) Gazette, 29 January 2004; [2004] 1 WLR 924; [2004] 1 All ER 657
19 Dec 2003
ChD
Neuberger J
Professional Negligence, Damages
The claimant was represented by the respondent firm of solicitors in an action for custody of her children. Through their negligence the children had been removed from the country. She sought damages for the distress of losing her children. Held: The head of damages was proper and recoverable.
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Ocean Leisure Ltd v Westminster City Council [2003] EWLands LCA_30_2003; [2004] R and VR 145
31 Dec 2003
LT

Land, Damages
LT COMPENSATION - injurious affection - hoardings erected in street during construction works outside shop premises - preliminary issue - whether claim under Compulsory Purchase Act 1965 s 10 valid - held claimant entitled to compensation for any diminution in rental value.
Compulsory Purchase Act 1965 10
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