A layer of hydrochloric acid had leaked on to the deck of a ship. The port authorities required the vessel to be decontaminated of the acid before she could sail. The defendants applied to have the claim struck out.
Held: Mance J considered criminal case law to see whether there had been any physical damage: ‘the criminal test is one of fact and degree . . Relevant considerations are whether there has been ‘injury impairing value and usefulness’ of the property in question, and the need for work and the expenditure of money to restore the property to its former usable condition is material’.
Judges:
Mance J
Citations:
[1995] 2 Lloyds Rep 395
Jurisdiction:
England and Wales
Cited by:
Cited – D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 19 November 2022; Ref: scu.331083
