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Damages - From: 2004 To: 2004

This page lists 77 cases, and was prepared on 27 May 2018.

 
Flaxmann-Binns v Linconshire County Council [2004] EWCA Civ 424
2004
CA

Professional Negligence, Damages
A claimant who is reduced to a claim which would perforce be on a percentage basis for loss of chance against her legal advisers is not only suffering a real loss in the sense of being caused further delay and expense, but is also suffering a real reduction in the value of her claim.
1 Citers



 
 Peninsula Business Services Limited v Citation Plc; 2004 - [2004] FSR 17
 
Louis Dreyfus Trading Ltd v Reliance Trading Ltd [2004] 2 LLR 243
2004

Andrew Smith J
Contract, Damages
LD sold 7kmt sugar to R, C & FFO Banjul at $257.43 per mt. Shipment was "per m.v. Dawn currently discharging at Banjul". An associate of R had already sold 5kmt to B at $290 per mt, for which the sugar was bought. LD knew of the resale and insisted that R buy the full 7kmt and B bought the extra 2kmt at $253 per mt. On August 17 payment was made by R to LD and by B to R for 3kmt. LD was responsible for a delayed discharge, and mean tme the price fell $224 per mt. R said that they would only take the 4,000 m.t. if a reduced price was applied to the whole 7kmt. LD treated R as in default in regards to the 4kmt. R sought damages at the difference between the contract price ($257.43) and the value of the goods when they eventually became available ($224). LD said that R had suffered no loss. They pointed out that R was to receive from B $290 for 5kmt and $253 for the balance and that it was likely that R had obtained payment for the 3kmt discharged at $290 per mt and Reliance had still profited. The arbitrators awarded R damages calculated as claimed. Held: The profit or loss made by a buyer on a sub-sale is generally irrelevant to the assessment of damages for breach by a seller of a warranty of quality or failure to deliver; but that if the parties had a particular sub-sale within their contemplation when making their contract the buyer might be entitled to have that sub-sale brought into account to increase his damages or the seller might be entitled to have it brought into account in order to reduce the award against him. Where the parties anticiated when the contract was made that the buyer was committed to deliver the same goods to a sub-buyer under a specific contract, principles of remoteness did not require that the sub-sale be disregarded in assessing they buyer's damages. It was to be taken to have been within the parties' reasonable contemplation as a serious possibility, or a consequence not unlikely to result from LD being in breach of their obligations, that the loss suffered by R might depend on the impact of the sub-sale to B. The case was remitted to the arbitrators for reconsideration because it was apparent that they had not considered whether or not LD had rebutted the presumption that the damages should be assessed in accordance with section 53 (3) of the 1979 Act.
Sale of Goods Act 1979 52(3)
1 Citers


 
Barnicoat and Othersl v Knights and Others [2004] 2 BCLC 464
2004
ChD
Lewison J
Contract, Damages
Someone who agrees to procure that someone else performs a contractual obligation is required first to attempt to ensure that that person complies with the obligation, but if he fails to comply then he must pay damages calculated by the amount that ought to have been paid by the third party.
1 Citers


 
BB v United Kingdom (2004) 39 EHRR 635
2004
ECHR

Human Rights, Damages
If the evidence showed an egregious and deliberate abuse of power by a public officer the Strasbourg court may award compensation for non-pecuniary loss even though its practice is not to award exemplary damages.
1 Citers


 
Ram, Regina (on the Application Of) v Parole Board [2004] EWHC 1 (Admin)
12 Jan 2004
Admn
Crane J
Damages, Legal Aid
The claimant had won an action for damages against the respondent. He was however released on licence, and subsequently became unlawfully at large. The question was whether the damages continued to be payable to him. The defendant insisted that the sum could only be paid personally, which would allow his arrest. The legal aid provisions require damages to be paid through the solicitors, so as to allow enforcement of the statutory charge. Held: At the time of the award, the claimant was lawfully at large. As to the application for leave to appeal, it could not be said that the claimant's recall was not foreseeable, and therefore the conditions in Barder were not fulfilled. On the other hand specific performance as requested by the claimant was not available against the Crown under the 1947 Act save by discretion. That discretion could be exercised here to disallow any payment getting to the claimant whilst he was unlawfully at large.
Access to Justice Act 1999 10(7) - Community Legal Service (Costs) Regulations 2000 18 - Crown Proceedings Act 1947 25
1 Cites

[ Bailii ]
 
Laing Limited v Yassin Essa [2004] EWCA Civ 2; Times, 29 January 2004; [2004] IRLR 313; [2004] ICR 746
21 Jan 2004
CA
Lord Justice Clarke Lord Justice Rix Lord Justice Pill
Employment, Discrimination, Damages
The claimant had been awarded damages for race discrimination. The employer appealed. Held: In a claim for damages under the 1976 Act, it was not necessary to show that the damage suffered was reasonably forseeable.
Pill LJ said: "I see no need to superimpose the requirement or prerequisite of reasonable foreseeability upon the statutory tort in order to achieve the balance of interests which the law of tort requires. It is sufficient if the damage flows directly and naturally from the wrong. While there is force in the submission that, to prevent multiplicity of claims and frivolous claims, a control mechanism beyond that of causation is needed, reliance upon the good sense of employment tribunals in finding the facts and reaching conclusions on them is a sufficient control mechanism, in my view. As a mechanism for protecting a defendant against damages which, on policy grounds, may appear too remote, a further control by way of a reasonable foreseeability test is neither appropriate nor necessary in present circumstances."
Clarke LJ said: "In all the circumstances we agree with Pill LJ that there is no need to add a further requirement of reasonable foreseeability and that the robust good sense of employment tribunals can be relied upon to ensure that compensation is awarded only where there really is a causal link between the act of discrimination and the injury alleged. No such compensation will of course be payable where there has been a break in the chain of causation or where the claimant has failed to take reasonable steps to mitigate his loss."
Race Relations Act 1976
1 Citers

[ Bailii ]
 
O'Brien Homes Limited v Lane [2004] EWHC 303 (QB)
5 Feb 2004

David Clarke J
Damages, Land
The court at first instance had considered what to award by way of damages for breach of a restrictive covenant and set a sum of £150,000 out of an anticipated proft of £280,000. Held: The calculation of the gross profit might be challenged, but not to such an extent as to suggest that the award was incorrect.
1 Citers

[ Bailii ]
 
Chang v Delgreco [2004] EWCA Civ 407
11 Feb 2004
CA

Personal Injury, Damages

[ Bailii ]

 
 Dunnachie v Kingston Upon Hull City Council; CA 11-Feb-2004 - [2004] EWCA (Civ) 84; Times, 26 February 2004; [2004] ICR 482; [2004] IRLR 287; [2004] 2 All ER 501
 
Daghir and Others, Regina (on the Application of) v Secretary of State for Home Department [2004] EWHC 243 (Admin)
13 Feb 2004
Admn
Hooper J
Damages, Torts - Other

1 Citers

[ Bailii ]
 
Anita Giambrone and others v Sunworld Holidays Ltd [2004] EWCA Civ 158
18 Feb 2004
CA
Lord Justice Brooke (Vice-President Of The Court Of Appeal (Civil Division) Lord Justice Mance And Mr Justice Park
Personal Injury, Damages
Many holidaymakers had suffered gastro-enteritis and sued for compensation. They had sought a sum to reflect the value of gratuitous care. Held: Save in more serious cases, awards for children suffering gastro-entritis and cared for by their family should not exceed £50.00. 'This may well be a situation in which appropriate representatives of claimants and defendants, perhaps under the auspices of the Civil Justice Council, might usefully try to agree a guideline tariff for gastro-enteritis cases generally, depending on the severity of the illness.' Care should be taken to avoid excess costs where possible.
1 Cites

1 Citers

[ Bailii ]
 
Kriti Akti Shipping Co S A v Petroleo Brasiliero S A [2004] EWCA Civ 116
20 Feb 2004
CA
Lord Justice Brooke Lord Justice Mance Mr Justice Park
Damages

[ Bailii ]
 
Susie Radin Ltd v GMB and others [2004] EWCA Civ 180; Times, 16 March 2004; Gazette, 18 March 2004; [2004] IRLR 400; [2004] 2 All ER 279; [2004] ICR 893
20 Feb 2004
CA
Lord Justice Laws, Lord Justice Peter Gibson, Lord Justice Longmore
Employment, Damages
The company made redundancies but failed to carry out any effective or honest consultation. The tribunal awarded the maximum 90 days protective order. The company appealed saying that it had given the employees greater notice than was strictly due. Held: The purpose of the order was punitive and therefore was not affected by the actual notice given by the employer. The section was intended to give effect to the European Directive, which required some penalty for non-compliance. The discretion given to the court was a judicial discretion to be exercised according to proper legal principles. The proper approach was to start with the maximum award and to reduce it where mitigation was found to justify a reduction.
Trade Union and Labour Relations (Consolidation) Act 1992 189(2) - Trade Union Reform and Employment Rights Act 1993 - Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 - Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999
1 Cites

1 Citers

[ Bailii ]
 
Healy v Corporation of Lloyds [2004] EWCA Civ 262
24 Feb 2004
CA

Employment, Insurance, Damages

[ Bailii ]

 
 Hickey and others v Independent Assessor; CA 25-Feb-2004 - [2004] EWCA Civ 340
 
Design Progression Limited v Thurloe Properties Limited Times, 02 March 2004; [2004] EWHC 324 (Ch); Gazette, 25 March 2004; [2005] 1 WLR 1; [2004] 1 EGLR 121
25 Feb 2004
ChD
The Honourable Mr Justice Peter Smith
Landlord and Tenant, Damages
The tenant applied for a licence to assign. The landlord failed to reply, anticipating that delay would allow it to generate a better lease renewal. Held: The delay was unreasonable and a breach of the landlord's statutory duty, and was an act calculated for its own financial advantage. The court awarded exemplary damages. The award was appropriate in theis case. It fell within the categories set out in Rookes v Barnard.
1 Cites

1 Citers

[ Bailii ]
 
International Traders Ferry Ltd v Adur District Council [2004] EWCA Civ 288; Times, 01 March 2004
26 Feb 2004
CA

Planning, Damages
The council served a stop notice. The company sought compensation. The council replied that the company had no legal or equitable interest in the land affected. Held: The company had occupied the land under a licence. A contractual licensee on land may be, but is not necessarily, an occupier.
Town and Country Planning (General) Regulations 1992 2 - Town and Country Planning Act 1990 186
1 Cites

[ Bailii ]
 
Coudert Brothers v Normans Bay Limited (Formerly Illingworth, Morris Limited) [2004] EWCA Civ 215; Times, 24 March 2004; Gazette, 01 April 2004
27 Feb 2004
CA
Lord Justice Laws Lord Justice Waller Lord Justice Carnwath
Contract, Company, Professional Negligence, Damages
The respondent had lost its investment in a Russian development, and the appellants challenged a finding that they had been negligent in their advice with regard to the offer documents. Held: As to the basis of calculation of damages as to a loss of chance, the root question was what damages had followed. The Appeal was allowed in part. A defendant should be disallowed from relying upon a wrong he had himself committed to reduce the damages which might otherwise flow.
1 Cites

1 Citers

[ Bailii ]
 
Ryde International Plc v London Regional Transport [2004] EWCA Civ 232; Gazette, 25 March 2004
5 Mar 2004
CA
Lord Justice Mance Vice-Chancellor, The Vice-Chancellor Lord Justice Carnwath
Land, Damages
The landowner had developed land which was then made the subject of compulsory purchase. The court was asked how the compensation was to be calculated. The landowner expected to sell the development as a whole. The respondent argued that the profit which a purchaser would build into that purchase should affect the compensation. Held: The land was to be valued as a single whole. It was to be calculated as a disturbance loss under 5(6) rather than 5(2).
Land Compensation Act 1961 5(2) 5(6)
1 Cites

[ Bailii ]
 
Williams v Ferrosan Ltd UKEAT/1005/03; [2004] UKEAT 1005_03_0503; [2004] IRLR 607
5 Mar 2004
EAT
Hooper J
Employment, Damages
Acting on guidance, the parties representatives and the tribunal had assumed that part of the award relating to loss of future earnings would not be taxable. The question now was whether the tribunal had power of its own motion to review its decision. Held: "There is a difference between saying that a case to which rule 13(1)(e) applies will in practice be unusual or exceptional and saying that rule 13(1)(e) should be read as if inserted into it are the words "exceptional circumstances". We see no reason now in the light of rule 10 that some sort of: "exceptionality hurdle" should be read into rule 13(1)(e). One of the many advantages of the Civil Procedure Rules has been that a rule which, prior to the introduction of the CPR, had become "encrusted" by numerous cases can be looked at afresh."
Employment Tribunal (Constitution) Regulations 2001 13
1 Cites

1 Citers

[ EATn ] - [ Bailii ]
 
Sally Harper v Virgin Net Limited [2004] EWCA Civ 271; Times, 16 March 2004; Gazette, 08 April 2004
10 Mar 2004
CA
Lord Justice Brooke Lord Justice Chadwick Baker, Lord Justice Scott Baker
Employment, Damages
The employee had been dismissed. Her contractual notice period was longer than the statutory period. Held: The statutory notice period prevailed in calculating the date of dismissal. The contractual period could not be used to extend the total period of employment to allow a claim for loss of the right to claim unfair dismissal. Had Parliament desired the result contended it would have made provision accordingly. The right not to be unfairly dismissed is a statutory creation.
1 Cites

1 Citers

[ Bailii ]
 
Suleyman Kirik v Oktay Ltd EATS/0075/03; [2004] UKEAT 0075_03_1103
11 Mar 2004
EAT
The Honourable Lord Johnston
Employment, Damages
The EAT had on an earlier occasion remitted the case to the tribunal for consideration of the damages award following a finding of unfair dismissal. The tribunal had then limited the award to two weeks pay. The employee appealed again. Held: The tribunal's approach was this time correct in law, and the appeal failed. Lord Johnston: "This is an appeal from a decision of the Employment Tribunal sitting in Inverness following upon this Tribunal remitting the matter back for consideration of compensation against a finding of unfair dismissal.
Mr Lefevre, for the appellant employee, submitted that the approach of the Tribunal was perverse inasmuch that they had restricted any award of compensation to two weeks' pay to reflect the period which the Tribunal assessed, obviously as a speculation over which discussions about wage cuts might have taken place before the appellant rejected any such suggestion on that hypothesis.
We do not consider the Tribunal's approach can be regarded as so flawed as to be categorised as perverse. It seems to us that the approach adopted by the Tribunal was one they were entitled to take against the background of the financial chaos of the business, and, the arrival of a further employee by reason of the departure of the manager temporarily to Turkey, was nothing to the point. Whatever else the Tribunal might have done, we consider what they did do was at least a permissible option and we will not interfere. This appeal is therefore dismissed."
1 Cites

1 Citers

[ Bailii ]
 
International Businesss Machines Corporation and Another v Web-Sphere Ltd and others [2004] EWHC 529 (Ch); [2004] FSR 39
17 Mar 2004
ChD
Lewison J
Intellectual Property, Damages
The claimant had registered trade marks under the name websphere, and accused the defendant of infringement using the name with a hyphen. Held: The claim suceeded. As to the requirement for calculation of damages, "the word "calculated" should be interpreted as meaning "likely" or "probable", in an objective sense, rather than something which might well happen or was a possibility."
Defamation Act 1952 3(1)aq
1 Citers

[ Bailii ]
 
Roe v Sheffield City Council, South Yorkshire Light Rail Ltd, South Yorkshire Supertram Ltd, Balfour Beatty Power Construction Ltd [2004] EWCA Civ 329
23 Mar 2004
CA
Lord Justice Kennedy Lord Justice Sedley Lord Justice Scott Baker
Personal Injury, Damages

1 Cites

[ Bailii ]
 
Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc [2004] EWHC 647 (QB)
26 Mar 2004
QBD
Eady J
Defamation, Damages
The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued. Held: The words were defamatory. An offer of amends had been made, and the court had to ask what effect that had on the damages. A healthy discount was appropriate, but the court had to recognise this could not be calculated strictly. It would remain arbitrary. The court should still refer to personal injury awards as a guide starting point for assessment of damages. The damages for the book were set at £7,500 and for the repetition in the newspaper at 45,000 reduced by 50% for the offer of amends.
Defamation Act 1996 3(5)
1 Cites

1 Citers

[ Bailii ]

 
 AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust; QBD 26-Mar-2004 - [2004] EWHC 644 (QB); Times, 12 April 2004; (2004) 77 BMLR 145; [2004] 2 FLR 365; [2004] 3 FCR 324; [2004] Fam Law 501; [2005] 2 WLR 358; [2005] Lloyd's Rep Med 1; [2005] QB 50
 
Midco Holdings Ltd and Another v Piper [2004] EWCA Civ 476
6 Apr 2004
CA
Tuckey LJ
Torts - Other, Damages
Where a defendant in a deceit claim, or in a negligence claim, contends that the claimant must give credit against its losses for financial benefits which are alleged to have resulted from the tort, the evidential burden rests on the defendant to show that the claimant has received the benefit.
1 Citers

[ Bailii ]
 
English Churches Housing Group v Shine [2004] EWCA Civ 434; Times, 02 June 2004; Gazette, 20 May 2004; [2004] HLR 42
7 Apr 2004
CA
Lord Justice Keene and Lord Justice Wall
Housing, Damages
The claimant was a secure tenant of English Churches Housing Group. He was unemployed and lived on benefits. He claimed damages against his landlord for breaches of the repairing covenants implied by section 11. The court considerd the appropriate level of damages. For the breach of landlord's covenant to repair. Held: The court allowed the landlord's appeal and reduced the damages to £8,000, subject to set-off in respect of some of the landlord's costs. Where a tenant was awarded damages for a landlord's breach of his covenant to repair, the damages awarded should reflect the rent payable under the lease. The tenant here had the benefit of a secure tenancy at a rent well below the market rent, and the damages were reduced accordingly. The court criticised the conduct of the hearing by the judge: "[The judge's] behaviour is unacceptable. He is both abrupt and discourteous. He makes it clear he is not prepared to entertain argument, and gives no reasons."
Landlord and Tenant Act 1985 11
1 Cites

1 Citers

[ Bailii ]
 
Lisk-Carew v Birmingham City Council Dr S Sharp Times, 07 June 2004; Gazette, 20 May 2004
25 Apr 2004
CA
Kennedy, May, Hooper LJJ
Discrimination, Damages
The claimant's complaints of unfair dismissal and race discrimination had been dismissed, but a claim of victimisation had succeeded. Held: There was no inconsistency in the findings. In such a case, damages should be limited to the sum for injured feelings (in this case £5,000).
Race Relations Act 1976 1 2(1)
1 Cites

1 Citers


 
Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited [2004] 2 Lloyd's Rep 319; [2004] 2 All ER (Comm) 289; [2004] EWCA Civ 487; [2004] 2 Ll LR 319; [2004] 1 CLC 882
28 Apr 2004
CA
Lord Justice Clarke Lord Justice Sedley
Damages
Niru contracted to buy lead from Milestone, to be paid for in a letter of credit, against certifying documents produced for the purpose. Mr Mahdavi, the individual behind Milestone, procured CAI to finance the acquisition of warrants to be retained by them as security for repayment of their loan by, ultimately, the purchase price payable by Niru. False documents were issued by a forwarding agent, at the behest of Mr Mahdavi, such as to induce Bank Sepah to pay the price for the lead to CAI but CAI had already sold the warrants and, pursuant to instructions from Mr Mahdavi, had credited another of his companies with the proceeds. Thus Niru was liable to Bank Sepah for the purchase price under its counter-indemnity, Bank Sepah had paid the purchase price but neither of them had received any lead. The defendants appealed findings that Mr Mahdavi was liable in deceit and as an accessory to a breach of trust, CAI was liable in restitution and was SGS liable in negligence. The defendants were declared to be jointly and severally liable for the overall loss of Niru and Bank Sepah. Held: The court dismissed the appeal of CAI in respect of the subrogation claim and allowed the appeal of SGS on the recoupment claim.
Auld LJ: ". . . the strict position appears to be that we remain bound by the decision in Friends' Provident.
In these circumstances, although both parties made detailed submissions on the question whether a claim for restitution is a claim for "compensation", I do not think it would be appropriate for me to express my own view on the point, at any rate unless it were necessary to do so in order to resolve the issues on this appeal. In the light of the conclusions which I expressed earlier it is not necessary to express such an opinion. I have already expressed my conclusion that if the 1978 Act applies the just result would be to order CAI to pay a contribution of 1000%, as was done in the Coys Case, and for similar reasons. No question of any possible conflict between the effects of subrogation, recoupment and contribution therefore arises. On the other hand, if the Act does not apply, the result is the same, namely that SGS is entitled to recover in full from CAI by way of subrogation or recoupment. In these circumstances, it is not necessary or appropriate for me to lengthen this judgment by my own analysis of the meaning of compensation in s.6(1) of the 1978 Act."
Civil Liability (Contribution) Act 1978
1 Citers

[ Bailii ]
 
Andrews v Reading Borough Council [2004] EWHC 970 (QB)
29 Apr 2004
QBD
Mr Justice Collins
Road Traffic, Damages, Human Rights
The claimant sought damages for increased road noise resulting from traffic control measures taken by the respondent. Held: The defendants action to strike out the claim could not succeed. They had not shown that the claim was unarguable, however difficult were the prospects of success.
European Convention on Human Rights 8
1 Cites

[ Bailii ]

 
 Mullen, Regina (on the Application of) v Secretary of State for the Home Department; HL 29-Apr-2004 - [2004] UKHL 18; Times, 03 May 2004; [2005] 1 AC 1; [2004] 3 All ER 65; [2004] 2 WLR 1140; 16 BHRC 469; [2004] UKHRR 745
 
Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for the Foreign and Commonwealth Affairs [2004] EWCA Civ 527; Times, 10 May 2004; [2005] I QB 93
29 Apr 2004
CA
Pill, Thomas and Jacob LJJ
Damages, Agriculture, Human Rights
The claimant sought damages for having had its licence to catch Patagonian toothfish off South Georgia revoked, saying that it had infringed its property rights under the Convention. Held: Though the Convention rights had been extended to cover the Falkland Islands and its dependencies, the rights under the first protocol had not been so extended, and the claim failed. In issuing an instruction the Queen had acted in right of the United Kingdom, and not the overseas territory, by reason of the particular facts of that case, and in particular (i) the fact that it was concerned with a dependent territory, not a sovereign state; (ii) the small size, population and resources of the territory; and (iii) the wording of its constitution. ".... In respect of the Protocol, South Georgia does not fall within its legal space on the ground that the Convention applies there, or for any other reason, or because the June instruction was unlawful as contrary to the law of England and Wales ..... "
European Convention on Human Rights
1 Cites

1 Citers

[ Bailii ]

 
 Waters and others v Welsh Development Agency; HL 29-Apr-2004 - [2004] UKHL 19; Times, 05 May 2004; Gazette, 13 May 2004; [2004] 1 WLR 1304; [2004] NPC 68; [2004] RVR 153; [2004] 19 EGCS 165; [2004] 2 All ER 915
 
Faraday v Carmarthenshire County Council [2004] EWCA Civ 649
10 May 2004
CA

Land, Damages
The claimant appealed against an award of compensation on the compulsory acquisition of his land by the defendant. Held: The award was incorrect. The authority had wrongly deducted a sum in respect of 'freed up time' - which would have allowed the claimant to earn money elsewhere.
1 Cites

1 Citers

[ Bailii ]
 
Severn Trent Water Ltd v Barnes [2004] EWCA Civ 570; [2004] 2 EGLR 95; [2004] 26 EG 194; [2005] RVR 181
13 May 2004
CA
Lord Justice Potter Lord Justice Jonathan Parker And Sir Swinton Thomas
Utilities, Land, Damages
The water company appealed an award of damages after it had been found to have laid a water main under the claimant's land without his knowledge or consent. The court had awarded restitutionary damages. Held: The judge fell into error in awarding the exercise the judge sought to perform by awarding the additional sum of £1560 was to compensate for the financial advantage to Severn Trent of using the main without having paid an appropriate sum by way of compensation during a period of 3 years up to the time (July 1995) when the judge considered that the matter would have been settled had Mr Barnes been properly advised. He had no right to an account of profits as well as a sum to compensate him for his loss. Award reduced accordingly.
Potter LJ said: "It is of course the position that in cases of trespass of this kind there is no right to a share in, or account of, profits in any conventional sense. The only relevance of the defendant's profits is that they are likely to be a helpful reference point for the court when seeking to fix upon a fair price for a notional licence."
Water Industry Act 1991 159
1 Cites

1 Citers

[ Bailii ]
 
Page v Plymouth Hospitals NHS Trust [2004] EWHC 1154 (QB)
20 May 2004
QBD

Personal Injury, Damages

[ Bailii ]
 
Green and Another v Alexander Johnson (A Firm) and Another [2004] EWHC 1205 (Ch)
26 May 2004
ChD
The Honourable Mr Justice Peter Smith
Professional Negligence, Damages
The judgment related to the assessment of damages for professional negligence by the defendants. The court deprecated the practice of separating off assessments of damages from the principal claim, since this created a risk of confusion. The defendants had advised on applications to extend leases, and had failed to deny that they qualified to be extended, and new leases had to be granted. Held: The difficulties would have occurred whether or not correct advice had been given, and the court was unable to say the negligence was the cause of the damage. The basis for the credit to be given for the claim was the amount of valuation, not the sums actually received.
1 Cites

[ Bailii ]
 
Re-Source America International Ltd. v Platt Site Services Ltd. and Another, Barkin Construction Ltd [2004] EWCA (Civ) 665
2 Jun 2004
CA
Lord Justice Laws Lord Justice Tuckey Lord Justice Brooke
Insurance, Construction, Negligence, Damages
"Section 2 of the 1978 Act is not expressed exclusively in terms of causative responsibility for the damage in question, although obviously the court must have regard to this, as the section directs, and it is likely to be the most important factor in the assessment of relative responsibility which the court has to make. But in the result the court's assessment has to be just and equitable and this must enable the court to take account of other factors as well as those which are strictly causative. Such an assessment made by a trial judge will only be altered on appeal if it is clearly wrong."
Civil Liability (Contribution) Act 1978 2
1 Citers

[ Bailii ]
 
Fairclough Homes Ltd, Re [2004] EWLands LP_30_2001; LP/30/2001
8 Jun 2004
LT
George Bartlett QC
Land, Damages
Application was made to vary a restrictive covenant: " . . how the character of the area and the amenities would be affected by the modification of the restriction is not in my view to be judged by envisaging the worst that could be done without breaching the restriction and comparing it with what the proposed modification is intended to permit . . In such a case as this, the provision, it seems to me, operates in this way. By preventing development that would have an adverse affect on the persons entitled to his benefit, the restriction may be said to secure practical benefits to them but if other developments having adverse affects could be carried out without breaching the covenant, these practical benefits may not be of substantial value or advantage. Whether they are of substantial value or advantage is likely to depend on the degree of probability of such other development being carried out and how bad, in comparison to the appellant's scheme, the effects of that development would be."
Law of Property Act 1925 84
1 Citers

[ Bailii ]

 
 Sempra Metals Ltd (formerly Metallgesellshaft Ltd) v Inland Revenue Commissioners and another; ChD 16-Jun-2004 - Times, 25 June 2004; [2004] EWHC 2387 (Ch); [2004] STI 1495; [2004] Eu LR 939; [2004] BTC 358; [2004] STC 1178
 
Black and others v Davies [2004] EWHC 1464 (QB)
22 Jun 2004
QBD

Damages
Wherther interest on award to be calculated on simple or compound basis.
[ Bailii ]
 
Pavletic v Slovakia 39359/98; [2004] ECHR 280
22 Jun 2004
ECHR

Human Rights, Damages, Prisons
ECHR Judgment (Merits and just satisfaction) Preliminary objections dismissed (victim, non-exhaustion of domestic remedies) ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; No separate issue under Art. 13 ; No violation of Art. 6-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - finding of violation sufficient ; Costs and expenses partial award
The applicant's detention prior to trial, for a period of two years, had lasted an unreasonably long time. Held: The European court found a violation of article 5(3). There was also a breach of article 5(4) relating to an application which the applicant had made to the public prosecutor to be released on bail. The prosecutor had transmitted the request to the domestic court, which had failed to deal with it. However the applicant's detention on remand had been justified. In dealing with the claim under article 41, it noted that the period spent on remand had been deducted from the prison sentence which the applicant was ordered to serve following his conviction; and the court accepted that the deduction of a period of detention from the ultimate sentence removed the need for any further award in respect of non-pecuniary loss arising from a violation of article 5(3).
European Convention on Human Rights 5(3)
1 Citers

[ Worldlii ] - [ Bailii ]
 
Bridgestart Properties Ltd v London Underground Ltd [2004] EWCA Civ 793
24 Jun 2004
CA

Land, Damages, Limitation
Defence of limitation in claim for injurious affection after compulsory purchase.
[ Bailii ]
 
Dixon v Clement Jones Solicitors (A Firm) [2004] EWCA Civ 1005; Times, 02 August 2004; [2007] Lloyds Rep PN 20
8 Jul 2004
CA
Lord Justice Rix, Lord Justice Carnwath, Lord Slynn of Hadley
Professional Negligence, Damages
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value. Held: The court had to bear in mind the distinction between the loss of chance directly through the professional negligence of a defendant, and the assessment where the chance lost was to sue for professional negligence. Questions of causation were relevant in the first case, but in the latter the task was to assess the value of the underlying claim. There was no requirement on the claimant to prove that she would not have proceeded if she had the right advice. Rix LJ said: "It is the prospects and not the hypothetical decision in the lost trial that have to be investigated."
Rix LJ said: "There is no requirement in such a loss of a chance case to fight out a trial within a trial, indeed the authorities show as a whole that that is what should be avoided. It is the prospects and not the hypothetical decision in the lost trial that has to be investigated . . .The test is not to find out what the original decision of the underlying mitigation would have been as if that litigation had been fought out, but to assess what prospects were."
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Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others [2004] UKHL 35; Times, 16 July 2004; [2005] 1 AC 503; [2004] ICR 1064; [2004] IRLR 733; [2004] 3 WLR 322; [2004] 3 All ER 991
15 Jul 2004
HL
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood
Damages, Employment
The first claimants were long standing employees. Mr Eastwood fell out with his manager, who disciplined him using false statements. When Williams refused to provide a false statement he too was disciplined. Each claimed damages for the injury to their feelings before they were dismissed. Their unfair dismissal claims were compromised, but reserving their rights to any common law claim. McCabe had been suspended then dismissed. He succeeded in his unfair dismaissal claim, but now sought additional damages for the stress associated with his suspension before dismissal. Held: Johnson -v- Unysis identified a boundary between claims arising from the dismissal itself, where remedies were limited to those granted by statute, and other damages. Those additional damages were claims at common law which existed independently of the subsequent dismissal. The claims arose before the dismissal and were not consumed by it. The claims stood.
Lord Nicholls said: "If before his dismissal, whether actual or constructive, an employee has acquired a cause of action at law, for breach of contract or otherwise, that cause of action remains unimpaired by his subsequent unfair dismissal and the statutory rights flowing therefrom. By definition, in law such a cause of action exists independently of the dismissal."
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Dunnachie v Kingston-upon-Hull City Council [2004] UKHL 36; Times, 16 July 2004; [2005] 1 AC 226; Gazette, 11 March 2004; [2004] ICR 1052
15 Jul 2004
HL
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood
Damages, Employment
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused. Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, include any element for a non-financial loss, such as injury to feelings arising from the dismissal itself.
Employment Rights Act 1996 123(1)
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Westminster City Council v Ocean Leisure Limited [2004] EWCA Civ 970; Times, 02 September 2004
21 Jul 2004
CA
Potter, Lord Justice Potter Lord Justice Rix Lord Justice Carnwath
Land, Damages
The claimant company owned property next to land which had been acquired to build a new bridge across the Thames. It sought compensation for disturbance to its business from the works. Held: The state of the law was complicated and unsatisfactory. Compensation was in fact payable, though by a circuitous route. There was no special rule applying to hoardings, and the claim succeded. The statutory power given to the local authority necessarily carried also a responsibility toward neighbouring land owners.
Compulsory Purchase Act 1965 10
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[ Bailii ]

 
 Independent Assessor v O'Brien, Hickey, Hickey; CA 29-Jul-2004 - [2004] EWCA Civ 1035; Times, 07 September 2004
 
Eagle (By Her Litigation Friend) v Chambers [2004] EWCA Civ 1033; Times, 30 August 2004
29 Jul 2004
CA
Lord Justice Waller Lord Justice Buxton Lord Justice Scott Baker
Personal Injury, Damages
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to brokers for the advice given to the Court of Protection which would be administering the investment of her award. Held: section 17 forbade deduction of the mobility benefit the claimant might receive. The court had taken a severe view of the delay of the prosecution of the case and had properly imposed a penalty.
Social Security (Recovery of Benefits) Act 1997 17 - Law Reform (Personal Injuries) Act 1948
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[ Bailii ]
 
Scordino v Italy (2006) 45 EHRR 207; 36813/97; [2004] ECHR 412
29 Jul 2004
ECHR

Human Rights, Prisons, Damages
(French Text) Grand Chamber. In the context of unreasonable delay in violation of article 6(1), there was a strong but rebuttable presumption that excessively long proceedings would occasion non-pecuniary damage.
European Convention on Human Rights
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[ Worldlii ] - [ Bailii ]
 
Maden v Clifford Coppock and Carter (A Firm) [2004] EWCA Civ 1037; [2005] 2 All ER 43; [2005] PNLR 7
30 Jul 2004
CA

Professional Negligence, Damages

[ Bailii ]
 
Skanska Construction UK Limited v Egger (Barony) Limited [2004] EWHC 1748 (TCC)
30 Jul 2004
TCC
His Honour Judge Wilcox
Damages

[ Bailii ]

 
 Orthet Ltd v Vince-Cain; EAT 12-Aug-2004 - [2004] UKEAT 0801_03_1208; UKEAT/0801/03(2); [2004] IRLR 857; [2005] ICR 374
 
Iseabal Emslie v Anne Bell [2004] ScotCS 202
12 Aug 2004
OHCS
Lord Menzies
Scotland, Personal Injury, Damages
The defender had driven into the back of the pursuer's car, causing the injuries. She claimed that the accident had aggravated a pre-existing slight injury to her knee. Held: The pursuer's accounts of her injuries had not been entirely consistent. Damages were calculated for solatium at a level between that contended for by either party.
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Richardson v Howie [2004] EWCA (Civ) 1127; Times, 10 September 2004
13 Aug 2004
CA
Lord Justice Jacob Lord Justice Thomas
Torts - Other, Damages
The claimant sought damages for assault. In the course of a tempestuous relationship, she said the respondent had physically assaulted her in Barbados. He was later convicted of soliciting her murder. She sought and was awarded aggravated damages, but the judge failed to explain his award. Held: "in cases of assault and similar torts, it is appropriate to compensate for injury to feelings including the indignity, mental suffering, humiliation or distress that might be caused by such an attack, as well as anger or indignation arising from the circumstances of the attack. It is also now clearly accepted that aggravated damages are in essence compensatory in cases of assault. Therefore we consider that a court should not characterise the award of damages for injury to feelings, including any indignity, mental suffering, distress, humiliation or anger and indignation that might be caused by such an attack, as aggravated damages; a court should bring that element of compensatory damages for injured feelings into account as part of the general damages awarded. "
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HM Prison Service v Beart UKEAT/0279/04; [2004] UKEAT 0279_04_2610
14 Sep 2004
EAT
His Honour Judge Ansell
Discrimination, Damages
EAT Disability Discrimination - Compensation
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Sadler v Portsmouth Publishing and Printing Ltd [2004] UKEAT 0280_04_1510; UKEAT/0280/04
22 Sep 2004
EAT
His Honour Judge Ansell
Discrimination, Damages
EAT Sex Discrimination - Other losses - Sex discrimination - compensation. Deductions because of pre-existing condition and chance of further illness in any event
[ Bailii ]
 
George Perlman v Paul Rayden, Claire Rayden [2004] EWHC 2192 (Ch)
7 Oct 2004
ChD
The Honourable Mr Justice Patten
Land, Damages
The parties had become embroiled in a particularly bitter boundary dispute. The claimants in particular sought aggravated damages saying that the defendants had misled them in securing agreement to works. Held: Aggravated damages were awarded. The defendant had continued to deny any wrongdoing when he knew full well that his building was a trespass. Patten J said: "I have rejected the allegation that the Raydens sought from the start to mislead the Perlmans and that they always intended to carry out their works regardless of the Perlmans' rights . . I do, however, accept that the Raydens did decide to press ahead with the extension regardless of the terms of the planning permission. What is in dispute is whether and to what extent they were also aware that their extension would impinge on the Claimant's property and his rights of access in the way that it did. It is, I think, important to bear in mind that Mr. Perlman is not entitled to damages for a breach by the Raydens of planning control. His cause of action is one in nuisance or trespass. There is no clear evidence that the Raydens knew in advance how their builders intended to construct the extension, any more than they planned the delivery of the dormer window via the roadway. But these were the Raydens' builders and they must, in my judgment, take responsibility for their actions. It also seems to me unlikely that Mr. Rayden was not told by Mr. Izod or the builders at least something about the attempts that were being made to deal with the level of the flank wall. Neither Mr. Nixon nor anyone from the builders has been called to explain why they acted in the way they did. What is, I think, particularly important and significant is that when the queries were raised about the construction of the flank wall, Mr. Rayden continued to deny any wrongdoing, even at a time when he must have known what the true position was and indeed was prepared to admit it to the planning authority. This is a case where I can, I think, properly make an award of aggravated damages, but in doing so I am entitled to take into account the fact that the extension has now been demolished, at considerable cost to the Raydens, and my declaration about the gap to be left ought to prevent problems of this kind occurring in the future . ."
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Dignity Funerals Limited v Bruce [2004] ScotCS 230; 2005 SCLR 951
14 Oct 2004
OHCS
Lord Justice Clerk And Lord Maclean And Lord Hardie
Employment, Damages
The employee was found to have been unfairly dismissed. The employer appealed the compensatory award which was based on his depressive illness. They said that the illness predated the dismissal. Held: The EAT's decision was set aside. In increasing the award, the EAT had misconstrued the representations made by the appellant's solicitors, but should itself have remitted the case.
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[ Bailii ] - [ ScotC ]

 
 Chester v Afshar; HL 14-Oct-2004 - [2005] 1 AC 134; [2004] UKHL 41; Times, 19 October 2004; [2004] 3 WLR 927; 67 BMLR 66
 
Assets Recovery Agency v Singh [2004] EWHC 2335 (Admin)
19 Oct 2004
Admn

Benefits, Damages

[ Bailii ]
 
Collins Stewart Ltd and Another v The Financial Times Ltd [2004] EWHC 2337 (QB); Times, 26 October 2004; [2005] EMLR 64
20 Oct 2004
QBD
Tugendhat J
Defamation, Damages
The claimants sought damages for defamation. The claimed that the article had caused very substantial losses (£230 million) to them by affecting their market capitalisation value. The defendant sought to strike out that part of the claim. Held: The possible market capitalisation of the claimants was far too uncertain a basis for calculating damages. The claimant had simply asked the court to take its figures on trust, and it was a proposition of law rather than fact. The possible capitalisation was not the same as market value. Where market values were used as a basis for damages, the courts generally used the value as at the date of the wrong, not some future date.
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Sowden v Lodge [2004] EWCA Civ 1370
21 Oct 2004
CA
Pill, Longmore, Scott Baker LJJ
Personal Injury, Damages
The court considered the awards of damages for personal injury as it may be affected by the operation of section 21 of the 1948 Act.
National Assistance Act 1948 21
[ Bailii ]
 
Catherine Edmonds v Lloyds TSB Group Plc [2004] EWCA Civ 1526
22 Oct 2004
CA
Sir Martin Nourse Lord Justice Potter The Honourable Mr Justice Gage
Personal Injury, Damages
Failure to mitigate loss.
[ Bailii ]
 
Dixon v Were [2004] EWHC 2273 (QB)
26 Oct 2004
QBD
Gross J
Personal Injury, Damages
The claimant and others were being driven by the defendant. All had drunk, and none wore seat belts. The claimant sought damages for his injuries. General damages were agreed, and the issue was as to loss of future earnings. Held: The claimant had not provided sufficient evidence to establish a loss of future high earnings. He did retain some capacity, but would have to receive some forms of nursing care.
1 Cites

[ Bailii ]
 
Mullins v Gray [2004] EWCA Civ 1483
28 Oct 2004
CA
Lord Justice Mummery Lord Justice Longmore The Honourable Mr Justice Gage
Personal Injury, Damages
Whiplash
[ Bailii ]

 
 Parry - National Westminster Bank plc; CA 1-Nov-2004 - Times, 04 November 2004; [2004] EWCA Civ 1563
 
Giuseppina And Orestina Procaccini v Italy 65075/01; [2004] ECHR 615
10 Nov 2004
ECHR

Human Rights, Damages
ECHR (French Text) Judgment (Merits and Just Satisfaction) - Preliminary objection rejected (non-exhaustion of domestic remedies); Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings.
European Convention on Human Rights
1 Citers

[ Bailii ] - [ Bailii ]
 
Sembawang Corp Ltd v Pacific Ocean Shipping Corp and Another [2004] EWHC 2743 (Comm)
25 Nov 2004
ComC

Contract, Damages

1 Cites

[ Bailii ]
 
Skupinski, Re Law of Property Act 1925 [2004] EWLands LP_34_2003
30 Nov 2004
LT

Land, Damages
A covenant prevented new building other than for a garage. The owner proposed a three-car garage extension, but with a play-room above, for the applicant's own use. The relevant property of the objector was not her own house, but consisted of a driveway, and a plot of land on which she hoped to be allowed to build a house. The development had proceeded without obtaining a modification. High Court proceedings for breach of the covenant were adjourned, at the appeal stage, to allow an application to the tribunal under section 84. The principle of modification was agreed, so that the only issue was compensation. The main issues were, first, the impact of the development on the objector's property, and, secondly, whether she was entitled to compensation assessed, as she claimed, on the negotiated share basis. Held: The President described the impact on her plot as "minimal", and concluded that there should be no compensation.
Law of Property Act 1925
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[ Bailii ]
 
Brown v Drake International Ltd and Another [2004] EWCA Civ 1629
3 Dec 2004
CA

Personal Injury, Damages
Appeal against apportionment of liability
Fatal Accidents Act 1976
[ Bailii ]
 
David R Childerley v General Healthcare Group Ltd And Christopher F Elsworth And John McGeachie [2004] EWHC 2777 (QB)
3 Dec 2004
QBD
Dobbs, The Honourable Mrs Justice Dobbs Dbe
Personal Injury, Damages

[ Bailii ]
 
Brown v Robinson and Sentry [2004] UKPC 56
14 Dec 2004
PC
Lord Bingham of Cornhill, Lord Clyde, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood
Vicarious Liability, Personal Injury, Damages
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment. Held: Older authorities had now been replaced by recent decisions of the House of Lords and Privy Council. The essential test remains that of close connection with the acts which the worker was employed to do. When one applies this test the employer was vicariously liable for the shooting and the judge was quite justified in so holding. The appeal was allowed, but the damages award was adjusted
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[ Bailii ] - [ PC ]
 
Aisbitt v Conrathe and Another [2004] EWCA Civ 1753
14 Dec 2004
CA

Legal Professions, Damages, Costs

[ Bailii ]
 
Nail and Another v News Group Newspapers Ltd and others [2004] EWCA Civ 1708; [2005] 1 All ER 1040
20 Dec 2004
CA
Lord Justice Auld Lord Justice May
Defamation, Damages
The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication. Held: In defamation proceedings the damage to feelings is assessed as at the point of assessment, and conduct of the defendant after the publication may aggravate or mitigate the damage and therefore the award. The court could not say the awards were wrong. Appeals dismissed.
Defamation Act 1996 2
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