In the lead case, Sony’s warehouse at Enfield had been severely damaged in what were said to be riots in August 2011. The court considered preliminary issues as to whether the events constituted a riot within the 1886 Act, and the extent of damages claimable under the 1886 Act, and in particular whether consequential losses were payable.
Held: It was cear that the statutory elements were in place, thought the court considered more carefully wether the rioters were, within the Act ‘tumultuosuly assembled together’.
Held: As to damages, these were limited to damage to property, and did not extend to consequential losses.
Simple acts of theft would not go to make up a riot. There had to be shown some additional apparent intention to damage property. In this case such an intention had generally been shown.
Flaux J
[2013] EWHC 2734 (Comm), [2013] WLR(D) 356
Bailii, WLRD
Riot (Damages) Act 1886
England and Wales
Citing:
Cited – The Kate 1899
The Kate was totally lost in a collision with the defendants’ ship, whilst on the ballast leg of a charterparty. The issue was whether in a case of total loss as opposed to partial loss of a ship without a cargo, the plaintiffs could recover only . .
Cited by:
At ComC – Mitsui Sumitomo Insurance Co (Europe) Ltd and Others v Mayor’s Office for Policing and Crime CA 20-May-2014
The appellant had suffered damage in a riot, and, under the 1886 Act, the respondent was liable to pay compensation.
Held: The MOPC was liable to pay compensation by way of indemnity. Analysis of section 2(1) suggested compensation for loss . .
At ComC – The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others SC 20-Apr-2016
The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and . .
Lists of cited by and citing cases may be incomplete.
Police, Damages
Updated: 11 November 2021; Ref: scu.515244
