Where judgment had been entered with damages to be assessed, the issues which could be raised on the assessment of damages were any directly affecting that assessment, but the defendant could not raise an issue which would impugn the judgement leading to the assessment. It was not always however clear that an issue had been settled by the judgment in such a way as to create an estoppel.
Citations:
Times 20-Mar-2001, Gazette 03-May-2001, [2001] EWCA Civ 307
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Lunnon v Singh CA 1-Jul-1999
Once judgment has been given, whether after a contested hearing or in default, for damages to be assessed, the defendant cannot dispute liability at the assessment hearing. . .
Cited by:
Cited – Strachan v The Gleaner Company Limited and Stokes PC 25-Jul-2005
PC (Jamacia) The plaintiff challenged an order setting aside a default assessment of damages in his claim for defamation. After the action was lost, two witnesses had come forward who might have allowed a defence . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Damages
Updated: 23 May 2022; Ref: scu.135543