Conflict of laws – English exclusive jurisdiction clause in Towcon contract – Proceedings in South Africa in breach of clause – whether anti-suit injunction previously granted by Clarke J (see [1996] 2 LI Rep 140) should be discharged Judges: Timothy Walker J Citations: [1997] 2 Lloyd’s Rep 533, [1997] CLC 1497 Jurisdiction: England and Wales … Continue reading Bouygues Offshore S.A. v Caspian Shipping Company and Others; Ultisol Transport Contractors Ltd [v[ Bouygues Offshore S.A. (No. 5): ComC 23 May 1997
First Division – Inner House – Lord President Hope said: ‘In our opinion the lack of awareness which requires to be established for the purposes of section 11(3) of the 1973 Act is a lack of awareness that a loss has occurred caused by an act, neglect or default which gives rise to an obligation … Continue reading Glasper v Rodger: SCS 1996
Outer House – Lord Clyde reiterated his view, rejecting a challenge by counsel for the defenders, that section 11(3) was concerned only with awareness of loss, a matter of fact, and not with matters of legal liability. Judges: Lord Clyde Citations: 1996 SLT 150 Statutes: Prescription and Limitation (Scotland) Act 1973 Cited by: Cited – … Continue reading Kirk Care Housing Association Ltd v Crerar and Partners: SCS 1996
A receiver’s management duties will ordinarily impose on him no general duty to exercise the power of sale, or to ‘work’ an estate by refurbishing it before sale. Speaking of the role of an expert witness ‘What really matters in most cases are the reasons given for the opinion. As a practical matter a well … Continue reading Routestone Ltd v Minories Finance: ChD 1996
The court rejected a submission that, in a civil claim, sections 76 to 78 PACE precluded reliance altogether upon any evidence by an interview undertaken without a prior caution. Those exclusionary provisions were confined, the Court made clear, to criminal proceedings. However: ‘1. Were the court to be satisfied that answers had been obtained by … Continue reading Ghulam Yasim v Secretary of State for the Home Department: CA 1996
Complaint was made against the council for creating a statutory nuisance under the 1990 Act. The tenant sought compensation under the 1973 Act. The council appealed an award of andpound;3,000 compensation. Held: Compensation should be awarded for the period from the date of the notice until the date of the hearing. Where however the proceedings … Continue reading Regina v Liverpool Crown Court, Ex Parte Cooke: QBD 3 Apr 1996
Damages for escape of nuclear waste to include diminution of land value. Radioactive pollution of land following such an overflow is physical damage. Citations: Gazette 15-Jan-1997, Times 11-Dec-1996 Statutes: Nuclear Installations Act 1965 Jurisdiction: England and Wales Citing: Appealed to – Blue Circle Industries Plc v Ministry of Defence CA 16-Jun-1998 Contamination of land by … Continue reading Blue Circle Industries Plc v Ministry of Defence: ChD 11 Dec 1996
The defendant had admitted copying B’s drawings and designs for the creation of a nebulizer. To assist its election on damages, B sought preparation of details of the sales including costs and sale prices. When B also sought statutory damages, M said that having omitted it from the statement of claim, it was too late … Continue reading Brugger v Medic-Aid Ltd: PatC 1996
(New Zealand) Tipping J discussed the award of exemplary damages: ‘Exemplary damages for negligence causing personal injury may be awarded if, but only if, the level of negligence is so high that it amounts to an outrageous and flagrant disregard for the plaintiff’s safety, meriting condemnation and punishment.’ Judges: Tipping J Citations: [1996] 3 NZLR … Continue reading McLaren Transport Ltd v Somerville: 1996
(New Zealand Court of Appeal) Thomas J said: ‘the diminution in the value of Mr and Mrs Christensen’s shares in the company is by definition a personal loss and not a corporate loss. The loss suffered by the company is the loss of the lease and the profit which would have been obtained from harvesting … Continue reading Christensen v Scott: 1996
The plaintiff purchased a book shop. He claimed that in doing so he had relied upon the accounts prepared and signed off by the respective defendants. Held: The judge had been wrong by testing what would have been the true figures as against those prepared when deciding what the plaintiff would have done. In deceit … Continue reading Downs v Chappell; Downs v Stephenson Smart (a Firm): CA 1996
The claimant, a convicted burglar took proceedings against his former solicitors. He alleged that the negligence of the solicitor caused his wrongful conviction. Held: The case was dismissed. The claimant was seeking to re-litigate issues which had already been litigated in proceedings in the criminal court in which he had been a participant. The case … Continue reading Smith v Linskills: CA 1996
Damages for misrepresentation due to share purchaser not due to him as member. Citations: Times 27-May-1996 Statutes: Insolvency Act 1986 74(2)(f) Jurisdiction: England and Wales Company Updated: 28 April 2022; Ref: scu.89384
The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the antigens of a hepatitis virus was patented with a priority date of … Continue reading Biogen Plc v Medeva Plc: HL 31 Oct 1996
ComC Summary judgment under RSC Order 14 – claim for royalties – previous decision of the European Commission – claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal Authority’s claim for royalties alleging breaches of article 4 was struck out because the matters complained of had … Continue reading Coal Authority v H J Banks and Company Ltd; H J Banks and Company Ltd v The Coal Authority and Anoher: ComC 20 Dec 1996
The Chairman of a tribunal may always hear questions as to matters of jurisdiction alone. Citations: Times 06-Nov-1996, [1997] IRLR 4 Statutes: Industrial Tribunals Act 1996 4(6) Citing: Disapproved – Mobbs v Nuclear Electric Ltd EAT 8-Aug-1996 An IT Chair should not sit alone at preliminary hearing if evidence is to be given. . . … Continue reading Tsangacos v Amalgamated Chemicals Ltd and Another: EAT 6 Nov 1996
Aa action for damages under the Treaty is an autonomous action; land a loss does not defeat any other claim. Citations: Gazette 30-May-1996 Statutes: European Union Treaty art 178 Damages Updated: 10 April 2022; Ref: scu.90053
The claimant sought to challenge a refusal of the Housing Authority to pay housing benefit. The Secretary of State had made the relevant Regulations determining eligibility for benefits. If the challenge were successful, the Secretary of State would be affected financially by reason of his obligation to pay sums to the Authority. Held: The Secretary … Continue reading Regina v Liverpool City Council Ex Parte Muldoon; Regina v Same Ex Parte Kelly: HL 11 Jul 1996
There was no wrongful arrest where the bylaw under which it was made was invalid. The question is the belief of the arresting officers. The effect of retrospective legislation is not always fully worked through. English law provides no cause of action for invalid administrative acts as such. A ‘second actor’ may be blameless if … Continue reading Percy and Another v Hall and Others: QBD 31 May 1996
The pursuer sought damages from the tobacco company following the death of her husband. Held: A first instance decision on caution for expenses should be set aside only if plainly wrong. Citations: Times 30-Sep-1996 Jurisdiction: Scotland Citing: See Also – McTear v Scottish Legal Aid Board 1995 The court refused the pursuer’s claim for judicial … Continue reading McTear v Imperial Tobacco Ltd: IHCS 30 Sep 1996
Awards of damages for race discrimination were proper against both the employer, and an individual racist employee. 28k was not too much. Aggravated damages might be appropriate for direct discrimination where a complainant relied upon malice of conduct as a source of aggravation of hurt to feelings. Smith J reviewed the authorities on compensation for … Continue reading Johnson v HM Prison Service and Others: EAT 31 Dec 1996
The claimant alleged that he had suffered torture in a security prison in Kuwait, and he obtained leave to serve out of the jurisdiction on the Government of Kuwait, and on three individuals, one of whom at least was served, on the ground that he had in consequence suffered psychological damage after returning to and … Continue reading Al-Adsani v Government of Kuwait and Others (No 2): CA 29 Mar 1996
Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996
A libel case against a French paper was rightly brought in UK despite the small (250 copies nationally and 5 in the plaintiff’s local area (Yorkshire)) circulation here. The Brussels Convention allows a claim for defamation in UK though the main public was abroad. Lord Jauncey of Tullichettle said: ‘Where English law presumes the publication … Continue reading Shevill and Others v Presse Alliance SA: HL 26 Jul 1996
The plaintiffs, British Coal Corporation, claim damages for libel against the National Union of Mineworkers (Yorkshire area) and also against one of the union’s senior officials. The alleged libel was published in the ‘Yorkshire Miner’, a monthly magazine distributed by the NUM, and the issue in question was that for April, 1992. The defendants said … Continue reading British Coal Corporation v National Union of Mineworkers and Another: QBD 28 Jun 1996
A plaintiff’s knowledge that her injury could be attributed to hypoxia, is not knowledge that the injury is attributable to the act or omission alleged to constitute negligence as might be pleaded in a statement of claim and no ordinary plaintiff could be expected to know that a birth injury was attributable to acts or … Continue reading Spargo v North Essex District Health Authority: QBD 1996
The employer had provided a permanent health scheme for directors and senior managers, which included the complainant. After its introduction the complainant, who up to that point had no written contract of employment, entered into a written contract. Unfortunately the form used was one which had previously been used before the scheme was introduced, and … Continue reading Aspden v Webbs Poultry and Meat Group (Holdings) Limited: QBD 1996
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015
[1996] UKEAT 1061 – 94 – 1201 Bailii England and Wales Cited by: See Also – Cornelius v London Borough of Hackney EAT 3-Dec-1996 . .See Also – Cornelius v Hackney London Borough Council CA 25-Jul-2002 The applicant sought damages from the council for misfeasance in public office. Protracted litigation had followed his dismissal after … Continue reading Cornelius v London Borough of Hackney: EAT 12 Jan 1996
The claimant sued another player and the referee at a colts rugby match in which he was badly injured when the scrum collapsed. The claim against the player was dismissed, but the referee was found liable and he now appealed. Held: The referee’s appeal failed. The liability of a referee for a sports injury incurred … Continue reading Smoldon v Whitworth and Nolan: CA 17 Dec 1996
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the railway company obtained benefits over and above their contractual entitlement. The arbitrator stated a special case as to whether the plaintiffs … Continue reading British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912
Banking – collecting banker – remitting banker – privity of contract Banking – remitting bank – right to damages – other than indemnity by customer Conflict of laws – RSC Order 11 r.1(1)(f) – ‘damage sustained within the jurisdiction’ – meaning Amendment of writ – causes of action arising after date of writ – exception … Continue reading Bastone and Firminger Ltd v Nasima Enterprises (Nigeria) Ltd and Others: ComC 20 May 1996
The court was asked whether the costs of flood alleviation works were recoverable under public liability insurance policies. Held: A claim for the costs of remedial action taken to mitigate future losses were not covered by the terms of the insurance policy. The court considered the relevance of American cases.Stuart-Smith LJ said: ‘the American Courts … Continue reading Yorkshire Water Services Ltd v Sun Alliance and London Insurance Plc and Others (1): CA 20 Aug 1996
Second Hand Knowledge Supports Resaobnable Belief The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest. Held: A reasonable suspicion upon which an arrest was founded need not be based on the arresting officer’s … Continue reading O’Hara v Chief Constable of the Royal Ulster Constabulary: HL 21 Nov 1996
The plaintiff, a woman and her husband, had passed on information in confidence to the police about the identity of a person implicated in the killing of a police officer, expressing her concern that she did not want the source of the information to be traced back to her. The information was recorded, naming the … Continue reading Swinney and Another v Chief Constable of Northumbria: CA 22 Mar 1996
The plaintiff bank had agreed to underwrite a share placement. The defendant brokers made representations to potential investors outside and in breach of the terms of the engagement letter. The bank failed to check on the status of indicative commitments obtained by the chairman of the company. A significant number of shares were not taken … Continue reading County Ltd v Girozentrale Securities: CA 1996
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation after their primary discrimination claims. Held: The 1975 and 1976 Acts were similarly phrased and the wording in the 1995 … Continue reading Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions: HL 19 Jun 2003
The Society, acting as a bank, had at first failed to pay its customer’s cheque for andpound;4,550, even though there were sufficient funds. The bank said that it had been reported lost. The customer sought damages to his business reputation. Held: The bank was in breach of contract and in principle liable for injury to … Continue reading Kpohraror v Woolwich Building Society: CA 1996
The court looked at a facility agreement opened by a bank in favour of the defendant which provided that in the event of default the defendant should pay interest during the period of default at an aggregate rate equal to the cost to the bank of obtaining the deposits required to fund its participation, an … Continue reading Lordsvale Finance Plc v Bank of Zambia: QBD 20 Mar 1996
The Court was concerned with a traditional road traffic accident in which a pedestrian was injured by a moving car. A question arose as to the admissibility of an expert. Held: Stuart-Smith LJ stated of the test of admissibility laid down in the 1972 Act: ‘But that section in no way extends the principles upon … Continue reading Liddell v Middleton: CA 1996
The Action Group had obtained a declaration that, where an overpayment of benefits had arisen due to a miscalculation by the officers of the Department, any process of recovering the overpayment must be by the Act, and that the Department could not use the law of unjust enrichment. The Department Appealed. Held: The appeal failed. … Continue reading The Child Poverty Action Group v Secretary of State for Work and Pensions: SC 8 Dec 2010
The plaintiffs had suceeded in variously establishing claims in deceit and negligence, but now appealed against the finding that no damages had flowed from the wrongs. They had been sold a business on the basis of incorrect figures. Held: Where a plaintiff has been induced to enter into a transaction by a misrepresentation, whether fraudulent … Continue reading Downs and Another v Chappell and Another: CA 3 Apr 1996
Vice-Chancellor was asked to consider whether to strike out a statement of claim based upon alleged misfeasance by a police officer in his public office. The allegation against the police officer was that he had deliberately and falsely supplied details of convictions to the press. The point taken was that it was not concerned with … Continue reading Elliott v Chief Constable of Wiltshire and Others: ChD 20 Nov 1996
Proper Reply Opportunity Required on Deportation (Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of the day decided that he should … Continue reading Chahal v The United Kingdom: ECHR 15 Nov 1996
A nurse suffered a back injury in 1983 in the course of her employment. She left the employment of the health authority in either 1990 or 1991. The judge had accepted her evidence that she did not know that she had a right of action against her employers until she left in 1991. Held: The … Continue reading Coad v Cornwall and Isles of Scilly Health Authority: CA 17 Jul 1996
Limits of Damages for Negligent Valuations Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without one of them being negligent. But once the valuer … Continue reading South Australia Asset Management Corporation v York Montague Ltd etc: HL 24 Jun 1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process. Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an offence alongside the defendant did not necessarily make thereby make a prosecution … Continue reading Regina v Latif; Regina v Shahzad: HL 23 Jan 1996
The Court directed that unless particulars were served by a specified date the defendant’s claim should be struck out. The defendant served some particulars but it was decided that the defendant had deliberately flouted the unless order and its pleadings would be struck out. Held: The striking out was upheld.A failure to follow and obey … Continue reading Hytec Information Systems Limited v Council of City of Coventry: CA 4 Dec 1996
The defendant solicitors had negligently in 1986 failed to advise purchasers that there was no good title to part (an extension over an adjoining property) of a leasehold flat which they were buying. The problem came to light in 1988 when they wished to sell. They were unable to do so. In 1990 a property … Continue reading Wapshott v Davis Donovan and Co: CA 1996
The claimant had received andpound;100,000 in interim payments on his personal injury claim, and now sought a further similar sum. Held: The claim was thought substantial, but the defendants said that any final award would include an arrangement for continuing care, and a further payment would prejudice the court’s ability to make such an award. … Continue reading Preston v City Electrical Factors Ltd and Another: QBD 13 Nov 2009
Simple interest only on rate swap damages The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could also award compound interest. … Continue reading Westdeutsche Landesbank Girozentrale v Islington London Borough Council: HL 22 May 1996
The guarantor of an original tenant under the lease remains liable after the disclaimer the lease on insolvency. The disclaimer operates to determine the lease altogether with the result that the landlord’s reversion is accelerated. ‘In order to determine these rights and obligations it is necessary, in the nature of things, that the landlord’s obligations … Continue reading Hindcastle Ltd v Barbara Attenborough Associates Ltd and Others: HL 22 Feb 1996
The claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim. Held: Her action failed. The availablility of a remedy by way of judicial review for a breach of statutory duty is … Continue reading Olutu v Home Office: CA 29 Nov 1996
(Hong Kong) Migrants from Vietnam of Chinese ethnic origin had landed in Hong Kong by boat, and been refused refugee status. They were detained for several years under section 13D of the Immigration Ordinance ‘pending . . removal from Hong Kong’. However the Ordinance only permitted detention if the period of detention was ‘reasonable having … Continue reading Tan Te Lam v Superintendent of Tai A Chau Detention Centre: PC 27 Mar 1996
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being retained instead for medical research. They now appealed an order striking out their claim on the baiss that it disclosed no … Continue reading Dobson and Dobson v North Tyneside Health Authority and Newcastle Health Authority: CA 26 Jun 1996
The plaintiff had a history of circulatory problems in his legs. He underwent surgery losing his leg. The question was when he should have sought advice as to why an attempted by-pass operation had resulted in one leg having to be amputated. He enquired why only some 10 years after the event. He was told … Continue reading Forbes v Wandsworth Health Authority: CA 21 Mar 1996
The patient suffered from irreversible damage to the cerebral cortex and fell into a persistent vegetative state in 1992. Permanently insensate, she remained alive only because feeding and hydration were provided to her artificially and because of . .
(The Gambia) The employee received benefits, including accommodation, over and above his salary. When the company ended his contract, they cut off his electricity and water supply. After dismissal the company discovered misconduct by the appellant. . .
In an allegation of misfeasance in public office, a complainant who says he has been affected by the alleged misfeasance, has sufficient locus standi to claim. Parliamentary materials are admissible to discover purpose of an Act, and not just in . .
The claimants had been air passengers who were unlawfully detained in Kuwait, when their plane was captured whilst on the ground on the invasion of Kuwait. They sought damages for that detention.
Held: There are no exceptions to the Warsaw . .
The burden of proof which falls on a disappointed beneficiary who seeks rectification of the will, saying that the will did not give effect to a testator’s intentions, is an exacting one.
Chadwick J said: ‘Although the standard of proof . .
An action against ship in rem prevents a personal action against the owner; there would be a risk of double jeopardy. . .
Hudoc Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1; Not necessary to examine Art. 14+6-1
‘the Court’s task is to ascertain whether the proceedings in their entirety were ‘fair’ . .
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
Silent telephone calls which resulted in psychiatric damage to the victim could constitute an ‘assault occasioning actual bodily harm’ for the purposes of section 47 of the 1861 Act. Swinton Thomas LJ said: ‘The early cases pre-date the invention of . .
References: [1997] Aust Torts Reports 81-416, (1996) 41 NSWLR 176, [1996] NSWSC 651 Links: Austlii Coram: Mahoney ACJ, Handley JA, Giles AJA (Supreme Court of New South Wales) Defamation – Damages – Aggravated and general damages – Economic loss with respect to professional standing – Principles relevant to assessment of damages for defamation – Relationship … Continue reading Crampton v Nugawela; 23 Dec 1996
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The court was asked what is the correct approach to the making of an interim payment in a heavy personal injury claim where the damages, when finally assessed, are likely to include one or more periodical payments orders pursuant to section 2 of the Damages Act 1996. The Act, as amended provided for the court … Continue reading Cobham Hire Services Ltd v Eeles: CA 13 Mar 2009
The claimant as a child had taken methadone left about the house by his parents. He sought compensation from the CICB. The parties now disagreed as to the calculation of interest of the damages award. Judges: Jay J Citations: [2015] EWHC 1077 (Admin), [2015] WLR(D) 181 Links: Bailii, WLRD Statutes: Damages Act 1996 Jurisdiction: England … Continue reading LHS v First-Tier Tribunal (Criminal Injuries Compensation) and Another: Admn 21 Apr 2015
Judges: Christopher Clarke J Citations: [2005] EWHC 1986 (QB) Links: Bailii Statutes: Damages Act 1996 Jurisdiction: England and Wales Personal Injury, Damages Updated: 20 August 2022; Ref: scu.235124
Judges: Forbes J Citations: [2006] EWHC 820 (QB) Links: Bailii Statutes: Damages Act 1996 291)(a) Jurisdiction: England and Wales Professional Negligence, Damages Updated: 05 July 2022; Ref: scu.240427
The claimant baby had suffered catastrophic injuries at birth in the defendant’s hospital. Liability having been admitted, the court now considered whether damages should be paid as a lump sum or by periodical payments. Held: ‘ the form of award which best meets this Claimant’s needs in respect of the provision of future care is … Continue reading A v B Hospitals NHS Trust: Admn 10 Nov 2006
The respondent Health Authority had refused to consent to payment to the claimant of damages for personal injury by periodical payments under a with profits structured settlement made under Section 2 of the 1996 Act. Held: The decision was not amenable to judicial review because the function being performed by the Health Authority, as it … Continue reading Hopley, Regina (on the Application of) v Liverpool Health Authority and others: Admn 30 Jul 2002
Economic circumstances have not changed sufficiently yet to alter the rate of three per cent used when calculating damages in personal injury cases. Though the returns on government stocks had fallen the figure of two per cent was not yet appropriate, and lay within the range of returns contemplated when the original figures had been … Continue reading Robertson Or Macey-Lillie v Lanarkshire Health Board &C: OHCS 26 May 2000
Where it was proposed to the court to apply a different discount rate when determining investment return on a sum awarded in a personal injury action as damages for future pecuniary loss, as against the rate set under the Lord Chancellor’s guidelines, the court must look at the Lord Chancellor’s reasons for fixing the rate, … Continue reading Warriner v Warriner: CA 24 Jan 2002
It was appropriate to reduce the interest discount rate used to calculate damages awards in personal injury cases for future losses, from 3 per cent to 2 per cent. This reflected the general reduction in such interest rates since the Act came into effect. The House of Lords had set down guidelines for the discount … Continue reading Barry v Ablerex Construction (Midlands) Ltd: CA 30 Mar 2001
It was not open to lower courts to reduce the guideline discount interest rate applied to damages awards to account for future returns. The original figure was set in the Act and by the House of Lords in Wells v Wells. Also the lower rates of interest currently applying are not sufficiently different to justify … Continue reading Warren v Northern General Hospital Trust: CA 10 Apr 2000
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, … Continue reading Cooke, Sheppard, Page v United Bristol Health Care, Stibbe and Another, Lee: CA 16 Oct 2003
After a delay of delay 5 years, the judge deducted two years interest from the award to reflect the plaintiff’s delay. Judges: Latham J Citations: Times 30-Mar-2000, [2000] PIQR Q263 Statutes: Damages Act 1996 Jurisdiction: England and Wales Citing: Applied – Wells v Wells; Thomas v Brighton Health Authority; etc HL 16-Jul-1998 In each of … Continue reading Barry v Ablerex Construction (Midlands) Ltd: QBD 22 Mar 2000
In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care. Held: The appeals succeeded. The purpose of an award of damages in tort was to make good to the … Continue reading Wells v Wells; Thomas v Brighton Health Authority; etc: HL 16 Jul 1998
The claimant was severely injured and claimed for loss of future earnings and future care. The defendant admitted liability. In the statement of case for damages, the claimant contended that, if the court made an order for periodic payments, it should disapply or modify section 2(8) and provide for the amount of such payments to … Continue reading Flora v Wakom (Heathrow) Ltd: CA 28 Jul 2006
The court set out the legal principles applying when making a Periodical Payments Order in an award of damages for serious personal injury. The periodical payments payable to the claimant in respect of his care costs should be calculated by . .
References: Times 28-Jun-2000, [2000] ScotCS 136 Links: Bailii, ScotC Coram: Lord Philip Economic circumstances have not changed sufficiently yet to alter the rate of three per cent used when calculating damages in personal injury cases. Though the returns on government stocks had fallen the figure of two per cent was not yet appropriate, and lay … Continue reading Robertson Or Macey-Lillie v Lanarkshire Health Board andC: OHCS 26 May 2000
The managing director defendant had resigned before the end of the contractual term. There was an express covenant in his contract against using or disclosing the company’s confidential information during or after his employment. It was submitted that this was a repudiation which brought the contract to an end and with it any obligation to … Continue reading Thomas Marshall (Exports) Ltd v Guinle: ChD 1979
A landlord became in breach of his duty of repair under his covenant immediately the repairable defect occurred, not after a reasonable time had been given to make the repair. Nourse LJ summarised the earlier authorities: ‘It is now established by a line of authority culminating in the decision of the House of Lords in … Continue reading British Telecommunications Plc v Sun Life Assurance Society Plc: CA 3 Aug 1995
The question of ownership of a company is to be decided according to law of country where the company is incorporated. Conflict of laws rules are to be used to look to the issue in the case not the cause of action.Staughton LJ said: ‘In any case which involves a foreign element it may prove … Continue reading Macmillan Inc v Bishopsgate Investment Trust Plc and Others (No 3): CA 2 Nov 1995
Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it. Held: In a sex discrimination case, where there has been a constructive dismissal, time runs from the date of the employer’s breach and not from the date of the employee’s … Continue reading Cast v Croydon College: CA 19 Mar 1998
The claimants appealed the award of only nominal damages after they succeeded in their claim against their solicitors for negligence in their conduct of the defence of a mortgage possession action. Held: The appeal failed. The judge was correct to find that the claimants would not have received continuing support for the business. ‘There is … Continue reading Veitch and Another v Avery: CA 12 Jul 2007
The claimants operated football leagues, and asked the defendant solicitors to act in negotiating the sale of television rights to ONdigital. The broadcasts went ahead, but no guarantees were taken for the contract. The claimants alleged professional negligence, and claimed many millions of pounds. The defendant denied negligence and said that if negligence was found, … Continue reading The Football League Ltd v Edge Ellison (A Firm): ChD 23 Jun 2006
A female tenant endured six years of misery caused by cockroaches, described as a quite appalling infestation for which she was in no way responsible. Held: The court was not satisfied that the dismissal of the tenant’s claim was the right result which the law ought to reach and that the tenant ought to have … Continue reading Habinteg Housing Association v Jones: CA 1995
The claimants sought damages, alleging that a breach of contract by the defendant had resulted in their being unable to earn further profits elsewhere. The defendant said the damages claimed were too remote. The bank had, by error, disclosed to one customer the mark up being taken by the claimant company which had acted as … Continue reading Jackson and Another v Royal Bank of Scotland: HL 27 Jan 2005
The company complained that its auditors had failed to give appropriate warning of the Society’s exposure to risk in awarding larger bonuses than were justified, and that had the true position been known, it xould have put itself up for sale earlier, reducing later substantial losses. The defendant sought to strike out the claims. Held: … Continue reading Equitable Life Assurance Society v Ernst and Young (A Firm): ComC 10 Feb 2003
Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of costs should not be made against a solicitor who had acted for a client in a defamation action which was lost, … Continue reading Tolstoy-Miloslavsky v Aldington: CA 27 Dec 1995
The substitution of a successor party to a claim does not constitute a new claim for limitation purposes. Millett LJ considered the objects of the 1980 Act: ‘The 1980 Act was enacted in order to implement the recommendations of the Twenty-First Report of the Law Reform Committee (Final Report on Limitation of Actions) (Cmnd 6923) … Continue reading Yorkshire Regional Health Authority v Fairclough Building Ltd and Another: CA 16 Nov 1995
There was no duty in negligent mis-statement from a vendor’s estate agent to a purchaser for that purchaser’s financial loss after proceeding without first obtaining a survey relying upon the agent. Hobhouse LJ said: ‘On the Sunday, Mr. Scott knew, or ought to have known, that his representation was likely to be relied on by … Continue reading McCullagh v Lane Fox and Partners Ltd: CA 19 Dec 1995
There could be no Fatal Accidents Acts damages for a loss of ‘moonlighting’ earnings dependency. Citations: Independent 02-Jan-1996, Times 28-Dec-1995, [1996] RTR 396 Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Cited by: Cited – Hewison v Meridian Shipping Services Pte Ltd, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd QBD 30-Nov-2001 The applicant … Continue reading Hunter v Butler: CA 28 Dec 1995
The mother had claimed in damages for the injuries to her health from the landlord authority’s failure to repair. Her child then brought a subsequent action in respect of his own injuries. The authority claimed the action should be stopped as res judicata. Held: The child’s injuries from bad housing were a separate claim from … Continue reading C (A Minor) v Hackney London Borough Council: CA 10 Nov 1995
If a guarantor’s negligent accountant had not misled the bank by misrepresenting his client’s wealth, the bank would have demanded repayment of its secured loan on 30th June 1990. In the event it did not realise the true position until 17th August. The judge held that if it had not been misled the bank would … Continue reading First Interstate Bank of California v Cohen Arnold and Co: CA 11 Dec 1995
A ‘keep open’ clause in a commercial lease can be enforced by an order specific performance but only in rare cases. It would normally be unreasonable.Millett LJ said: ‘The competing arguments in the present case, and the difference in the views of the members of this court, reflect a controversy which has persisted since the … Continue reading Co-Operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd: CA 29 Dec 1995
Mr Barrow was a member of an action group which had successfully sued a number of members’ agents for negligent underwriting. Having substantially succeeded, but recovered only a proportion of the damages he had claimed, Mr Barrow issued fresh proceedings against his members’ agent on a different ground. It was clear that this claim, even … Continue reading Barrow v Bankside Members Agency Limited: CA 10 Nov 1995
