Spencer v Secretary of State for Work and Pensions, Moore v Similar: CA 1 Jul 2008

Frankovich claim – arises with measurable loss

Each claimant sought Frankovich damages alleging a failure to implement European law leading to a loss.
Held: Such a claim was available against the government after it had failed to implement the Directive so as to provide them with the required remedy. Such a claim arose as soon as measurable damage arose, and therefore Mr Spencer’s claim was now out of time.
Waller VP Carnwath, Stanley Burnton LJJ
[2008] EWCA Civ 750, Times 24-Jul-2008, [2008] IRLR 911, [2008] PIQR P21, [2008] Eu LR 779, [2008] CP Rep 40, [2009] QB 358, [2008] ICR 1359, [2008] 3 CMLR 15, [2009] RTR 5, [2009] 1 All ER 314, [2009] 2 WLR 593
Council Directive 89/391/EEC (OJ 1989 L183/1) 6, Management of Health and Safety at Work Regulations (SI 1992 No 2051)
England and Wales
CitedDW Moore and Co Ltd v Ferrier CA 1988
A solicitor was instructed to prepare an agreement providing for the introduction of a new working director into an insurance broking business carried on by a company. His instructions called for the new director to enter into a restrictive covenant . .
CitedNykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2) HL 27-Nov-1997
A surveyor’s negligent valuation had led to the plaintiff obtaining what turned out to be inadequate security for his loan. A cause of action against a valuer for his negligent valuation arises when a relevant and measurable loss is first recorded. . .
CitedKnapp v Ecclesiastical Insurance Group Plc and Another CA 30-Oct-1997
A claim in negligence was brought against insurance brokers for failing to advise the claimant of certain matters with the result that an insurance policy entered into by the claimant was voidable for non-disclosure.
Held: The claimant . .
CitedFrancovich v Italy ECJ 9-Nov-1995
ECJ Council Directive 80/987 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer is to be interpreted as applying to all . .

These lists may be incomplete.
Updated: 17 June 2021; Ref: scu.270534