The pursuers sought damages for the wrongful arrestment of their ship. They claimed andpound;500 as solatium for injury to their feelings. But the only loss that had been actually sustained was the sum required to relieve the vessel from the arrestment, which was less than andpound;10.
Held: Lord Justice-Clerk Inglis said: ‘It is of no consequence whether the pursuers have sustained any substantial damage. Suppose the damage to be such that one farthing is recovered, that will show that a wrong has been done by the defenders to the pursuers; and, consequently, that this action is well founded.’
Judges:
Lord Justice-Clerk Inglis
Citations:
(1862) 24 D 720
Cited by:
Cited – Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . .
Lists of cited by and citing cases may be incomplete.
Scotland, Damages
Updated: 04 May 2022; Ref: scu.260121
