Cameron and others v Network Rail Infrastructure Ltd: QBD 18 May 2006

The claimant sought damages from the defendant after the death of her father in the Potters Bar rail crash. The defendant applied for summary judgment saying that English law did not recognise a claim by a family member of a deceased save through the claim of the estate itself. The claimant said that this would deny her human rights, and sought a declaration of incompatibility with regard to s1A of the 1976 Act.
Held: ‘It is within the reasonable margin of appreciation of the State to limit those who are entitled to claim compensation to those who are financially dependent on the deceased. Who otherwise should say where the line should be drawn between those who may claim from those who may not? ‘ The claimants had also lost any possibility of a claim through limitation.

Citations:

Times 14-Jun-2006, [2006] EWHC 1133 (QB)

Links:

Bailii

Statutes:

Railways (Safety Case) Regulations 2000, Human Rights Act 1998, Fatal Accidents Act 1976 1A, Railways Act 1993

Jurisdiction:

England and Wales

Citing:

CitedTakoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
CitedMiddleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
CitedFoster and others v British Gas plc ECJ 12-Jul-1990
The defendants (BGC) were nationalised suppliers of gas. BGC was by statute a body with a legal persona operating under the supervision of the authorities. Its members were appointed by the Secretary of State, who also determined their remuneration. . .
CitedParochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Lists of cited by and citing cases may be incomplete.

Damages, Human Rights, Personal Injury, Transport, Health and Safety

Updated: 21 May 2022; Ref: scu.242210

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 the market value of the ship at the time of the loss (as the defendants contended) or the profit lost under the charterparty as well (as the plaintiffs contended).
Sir Francis Jeune P laid it down that the general principle which governs the assessment of damage is ‘restitutio in integrum qualified by the condition that the damage sought to be recovered must not be too remote.’ and also said: ‘Sir Robert Phillimore states that the value should be taken as at the end of the voyage, and therefore lets in freight or interest as an additional compensation . . The present case, which is that of a vessel without cargo, but under charter, being totally lost, is not exactly that contemplated by Sir Robert Phillimore; but it appears to me to follow from his judgment that the value of the vessel may in such case be taken as at the end of her voyage, and something allowed in respect of the period between the time of collision and the end of the voyage . . the profits under the charterparty should take the place of interest, as more accurately representing the loss to the owner, and may fairly be considered to be the equivalent of freight when a cargo is on board. Indeed I can see no distinction in principle between the case of freight when a cargo is on board and . . a charterparty under which cargo is to be taken.’

Citations:

[1899] P 165

Jurisdiction:

England and Wales

Citing:

CitedThe ‘Columbus’ 9-Mar-1849
Where a vessel is sunk in a collision, and compensation is awarded by the Court of Admiralty to the full value of the vessel as for a total loss, the plaintiff will not be able to recover anything in the nature of a demurrage for loss of the . .

Cited by:

CitedMitsui Sumitomo Insurance Co (Europe) Ltd and Another v The Mayor’s Office for Policing and Crime ComC 12-Sep-2013
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 . .
CitedMitsui 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 . .
CitedThe 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.

Transport, Damages

Updated: 20 May 2022; Ref: scu.608294

Steadman v Scholfield and Another: QBD 6 May 1992

A jet ski is neither a boat nor a vessel. The maritime limitation rules did not therefore apply to an accident involving a jet ski. The applicant could therefore claim full damages.

Citations:

Gazette 06-May-1992

Statutes:

Marine Conventions Act 1911

Jurisdiction:

England and Wales

Personal Injury, Damages, Transport

Updated: 20 May 2022; Ref: scu.89518

Murrell v Healy and Another: CA 5 Apr 2001

Documents held by an insurance company after settling a personal injuries claim by the same claimant but as regards a later unconnected claim were admissible, since they went to an issue in the later case, namely the nature and extent of the injury from the first occasion. They were admissible even though they had been used as part of without prejudice negotiations.

Judges:

Waller, Dyson LJJ

Citations:

Times 01-May-2001, [2001] EWCA Civ 486, [2001] 4 All ER 345, [2002] RTR 2

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Personal Injury, Damages

Updated: 19 May 2022; Ref: scu.84140

Nationwide Building Society v Various Solicitors (No 3): ChD 1 Mar 1999

Equitable compensation for breach of fiduciary duty was the actual loss suffered. Would he have acted differently but for the act? Where bad faith or worse shown any contribution of fault by the claimant would be disregarded.

Citations:

Gazette 03-Mar-1999, Times 01-Mar-1999, [1999] EWHC 844 (Ch)

Links:

Bailii

Damages

Updated: 19 May 2022; Ref: scu.84234

Edmunds v Simmonds: QBD 4 Oct 2000

The claimant suffered damages in a road traffic accident in Spain caused by the respondent. A Spanish court would have allowed much lower damages. Such damages should normally be assessed in accordance with the law of the country where the accident happened, but the Act allowed other applicable law to be considered. In this case, both claimant and defendant lived in England, and the majority of damage transpired in England, and the court could and would calculate damages to English standards. The issue was a procedural one, and survived the change in law.
Gartland J said: ‘Even if I had not decided the section 12 point in the claimant’s favour, I would, unless persuaded that Spanish law did not recognise any head of damage recoverable by the claimant, have decided that quantification was purely procedural and should be carried out according to English law in any event.’

Judges:

Gartland J

Citations:

Times 21-Nov-2000, [2001] 1WLR 1003

Statutes:

Private International Law (Miscellaneous Provisions) Act 1995 9, 11

Cited by:

CitedHarding v Wealands CA 17-Dec-2004
The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied.
Held: The general rule in section 11 was not to . .
CitedRoerig v Valiant Trawlers Ltd CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under . .
Lists of cited by and citing cases may be incomplete.

International, Damages

Updated: 19 May 2022; Ref: scu.80259

Director of Buildings and Lands v Shun Fung Ironworks Ltd: PC 20 Feb 1995

Compensation is payable for losses properly anticipating resumption of possession of the land. The principle of equivalence gives rise to the statutory right to interest under section 11(1). The council explained the conceptual foundation of the discounted cash flow basis of calculation: ‘In this calculation the discount rate, or capitalisation rate, comprises the rate at which an amount of money payable at a future date should be reduced to arrive at its present value. Its present value is the price which a person would pay now for the right or prospect of receiving the amount of money in question at the future date. Three ingredients can be identified in the discount rate. One is the rate of return the potential purchaser would expect on his money, assuming that the payment to him at the future date is free of risk. A second ingredient is the allowance the potential purchaser would make because of the likely impact of inflation. He is buying today, in today’s currency, the right to be paid at a future date an amount which, when paid, will be paid in tomorrow’s depreciated currency. The third ingredient is the risk factor. The greater the risk that the purchaser will not receive in due course the future payments he is buying, the higher the rate of return he will require.’

Judges:

Lord Nicholls, Lord Keith of Kinkel, Lord Mustill, Lord Slynn of Hadley, Lord Lloyd of Berwick

Citations:

Times 27-Feb-1995, [1995] 2 AC 111

Links:

PC

Statutes:

Compulsory Purchase Act 1965 11(1)

Cited by:

CitedHalstead v Council of City of Manchester CA 23-Oct-1997
Land had been compulsorily purchased, and the compensation agreed, but after long delays in payment, not as to the calculation of interest.
Held: Interest would be payable from the date of entry. The limitation period arose only once the . .
CitedMohammed Aslam v South Bedfordshire District Council CA 21-Dec-2000
The claimant appealed an award of the Lands Tribunal of compensation for an order discontinuing his use as a slaughterhouse of premises of which he held a long lease. The tribunal had applied a discount for wastage on sheep carcasses of 25%, but had . .
CitedFaraday v Carmarthenshire County Council CA 10-May-2004
The claimant appealed against an award of compensation on the compulsory acquisition of his land by the defendant.
Held: The award was incorrect. The authority had wrongly deducted a sum in respect of ‘freed up time’ – which would have allowed . .
CitedRyde International Plc v London Regional Transport CA 5-Mar-2004
The landowner had developed land which was then made the subject of compulsory purchase. The court was asked how the compensation was to be calculated. The landowner expected to sell the development as a whole. The respondent argued that the profit . .
CitedMoto Hospitality Ltd v Secretary of State for Transport CA 26-Jul-2007
The company sought damages to its business on a motorway service station when works closed an access road.
Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect . .
CitedStar Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Lists of cited by and citing cases may be incomplete.

Land, Commonwealth, Damages

Updated: 19 May 2022; Ref: scu.79977

Corporacion Nacional Del Cobre: ChD 13 Dec 1996

No defence of contributory negligence was to be allowed against a claim involving an allegation of corruption by means of bribery. The defendants had bribed one of the plaintiff’s employees. The plaintiff claimed restitution, and an account from the defendants as constructive trustees for profits. The defendants wanted to assert that there was an equivalent to contributory negligence within the law of equity. There was no proper reason for distinguishing deceit by bribery from other forms of deceit. There had to be something to have put the plaintiff on notice of the deceit, and that was absent here.

Citations:

Gazette 13-Dec-1996

Damages, Equity

Updated: 19 May 2022; Ref: scu.79515

Channel Island Ferries Ltd v Cenargo Navigation Ltd (The Rozel): QBD 5 Apr 1994

Arbitrator to award all costs even if award much less than original claim.
Phillips J said: ‘It is always necessary to exercise the greatest care before applying the reasoning in one case to a different factual situation, and this is particularly true in the field of damages. The majority of the Court in Ruxley Electronics did not hold that a plaintiff can recover in damages the cost of remedial measures which are unreasonable. They held that, in the circumstances of that case it was not unreasonable for the plaintiff to spend the substantial sum necessary to have what he had contracted for. The test of what was reasonable had to have regard to his personal preference, as expressed in the depth of water that he had contractually required. This reasoning can be applied to a requirement which is incorporated in a contract as an end in itself, reflecting a personal preference of the contracting party. It does not apply where the contractual requirement is not an end in itself, but is inserted into a commercial contract because it has financial implications. If, in such a case, the contractual requirement is not met, the costs of remedial measures will not normally be recoverable as damages if they are disproportionate to the financial consequences of the breach. If that is the case it will not be reasonable to incur those costs. The damages recoverable will be those necessary to compensate for the financial consequences of the breach.’

Judges:

Phillips J

Citations:

Times 05-Apr-1994, [1994] 2 Lloyd’s Rep 161

Citing:

CitedRuxley Electronics and Construction Ltd v Forsyth CA 7-Jan-1994
In 1986, the defendant, wanted a swimming pool adjoining his house. He contracted with the plaintiffs. The contract price for the pool, with certain extras, was 17,797.40 pounds including VAT. The depth of the pool was to be 6 ft 6 in at the deep . .

Cited by:

CitedRuxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Damages, Construction

Updated: 19 May 2022; Ref: scu.78974

Chiron Corporation and Others v Murex Diagnostics Ltd (No 11): ChD 15 Mar 1996

A large interim award of damages can be proper if it is less than the likely damages which would be awarded at trial despite their remaining outstanding issues of fact to be decided.

Citations:

Times 15-Mar-1996

Citing:

See AlsoChiron Corporation and Others v Murex Diagnostics Ltd CA 14-Oct-1994
ECJ judgments make a UK court functus officio only after their full judgment has been delivered. Where judgment had already been given, it was no longer possible for the defendant in an action to seek a reference to the European Court on refusal of . .
See AlsoChiron Corporation v Organon Teknika (No 2) CA 1993
Section 44 could be used in a patent contract dispute even though the patent at issue was governed by the law of a foreign state which would not itself have applied that section. . .
See AlsoChiron Corporation v Organon Teknika Ltd; Same v Murex Diagnostics (No 7) ChD 17-Feb-1994
The issue of loss in a prior patent challenge is res judicata in later proceedings despite the presence of experimental difficulties leading to ipossibly severe time limits. A patent applicant has no duty to inform the Patent Office of matters . .

Cited by:

See AlsoChiron Corporation and Others v Murex Diagnostics Ltd CA 14-Oct-1994
ECJ judgments make a UK court functus officio only after their full judgment has been delivered. Where judgment had already been given, it was no longer possible for the defendant in an action to seek a reference to the European Court on refusal of . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 19 May 2022; Ref: scu.79096

Burke v Royal Infirmary of Edinburgh National Health Service Trust: OHCS 8 Jun 1998

A 26 year old man who had no pre-existing condition sustained damage to his lumbar spine in a fall. He suffered from constant lumbar pain and also sudden shooting pains through his left buttock and thigh to his knee. He developed an abnormal pain disorder, and was forced to retire from work on medical grounds about nine months after his accident.
Held: Where an accident victim had a pre-disposition to suffer pain and inability to work despite absence of actual physical cause, the psychological damage was claimable in damages.

Citations:

Times 08-Jun-1998, 1999 SLT 539

Cited by:

CitedIseabal Emslie v Anne Bell OHCS 12-Aug-2004
The defender had driven into the back of the pursuer’s car, causing the injuries. She claimed that the accident had aggravated a pre-existing slight injury to her knee.
Held: The pursuer’s accounts of her injuries had not been entirely . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Scotland, Damages

Updated: 19 May 2022; Ref: scu.78751

Barry v Ablerex Construction (Midlands) Ltd: CA 30 Mar 2001

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 rate to be applied on the award of damages for future losses. The decision had been expressed to apply only until the Act was put into effect. The parties sought to argue that they were not bound since the limitation was not essential to the decision, and the Lord Chancellor was thought to be about to announce a rate under the Act. The Court of Appeal stated that whilst guidelines were not immutable principles of law, they were clearly to be applied, and the time scale, set down in the judgement, was just as much part of the guidelines as the rate.

Judges:

Hnry, Judge, Hale LJJ

Citations:

Times 03-Apr-2001, Gazette 01-Jun-2001, [2001] EWCA Civ 433

Links:

Bailii

Statutes:

Damages Act 1996

Jurisdiction:

England and Wales

Citing:

Appeal fromBarry v Ablerex Construction (Midlands) Ltd QBD 22-Mar-2000
After a delay of delay 5 years, the judge deducted two years interest from the award to reflect the plaintiff’s delay. . .
CitedWells v Wells; Thomas v Brighton Health Authority; etc HL 16-Jul-1998
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. . .

Cited by:

CitedEagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
CitedTortolano v Ogilvie Construction Ltd SCS 21-Feb-2013
. .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Litigation Practice, Damages

Updated: 18 May 2022; Ref: scu.78259

Barret Mckenzie and Co Ltd v Escada (UK) Ltd: QBD 1 Feb 2001

The court considered the method of calculation of compensation payable to a commercial agent on termination of the agency. The directive provided that the agent should be compensated, not indemnified, and the way an English court calculated compensation need not follow other European jurisdictions. A tariff system would be unfair, and the court must make allowance for the amounts expended by the agent. Accordingly it would be unjust to base the compensation on the gross return, but it should rather be based upon the net income of the agency.

Judges:

Bowers J

Citations:

Times 15-May-2001, [2001] EWHC QB 462, [2001] EuLR 567, [2001] All ER (D) 78

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993 No 3053

Citing:

CitedKing v T Tunnock Limited IHCS 2000
The pursuer had been employed as a commercial agent by the defendant which carried on business as a baker. The pursuer sold only the defendant’s cakes and biscuits. The defendant decided to close its bakery business. The claimant sought compensation . .

Cited by:

CitedLonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd HL 4-Jul-2007
The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ . .
Lists of cited by and citing cases may be incomplete.

Agency, Commercial, European, Damages

Updated: 18 May 2022; Ref: scu.78249

Balmoral Group Ltd v Rae: EAT 25 Jan 2000

Where a tribunal looked to assess compensation for unfair dismissal, and issues of causation arose, the tribunal should take a broad approach looking fairly at what was just and equitable looking at the claimant’s loss and the extent to which the loss was attributable to the employer. It would normally be wrong to seek to apply considerations appropriate in other contexts such as forseeability, and remoteness of damage.

Citations:

Times 25-Jan-2000

Employment, Damages

Updated: 18 May 2022; Ref: scu.78126

Minister of Pensions v Chennell: 1946

Judges:

Denning J

Citations:

[1947] KB 250, [1946] 2 All ER 719

Jurisdiction:

England and Wales

Cited by:

CitedHeskell v Continental Express Ltd 1950
The court discussed how a warranty of authority could arise in an agent: ‘An agent who warrants that he has authority need warrant no more than the bare fact. In the absence of special circumstances, he makes no warranty or representation about how . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 18 May 2022; Ref: scu.617224

Phillips v Ward: CA 1956

A negligent survey had been provided to prospective purchasers of a house. It would have cost andpound;7,000 to put the property into the condition in which it had been described in the report.
Held: The correct measure of damages was not andpound;7,000 but andpound;4,000. The latter figure represented the difference between the value of the property as it should have been described at the time of its acquisition and its value as described.
Denning LJ stated that: ‘The general principle of English law is that damages must be assessed at the date when the damage occurred, which is usually the same day as the cause of action arises . . ‘ and ‘The proper measure of damages is . . the difference between the value in its assumed good condition and the value in the bad condition which should have been reported to the client.’

Judges:

Denning LJ

Citations:

[1956] 1 WLR 471, [1956] 1 All ER 874

Cited by:

CitedDowns and Another v Chappell and Another CA 3-Apr-1996
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: . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence

Updated: 18 May 2022; Ref: scu.567831

M (a child) v Leeds Health Authority: QBD 2002

The claimant, her brother and her parents had lived in a detached house before the relevant negligence occurred, but thereafter had moved into a bungalow purchased and adapted to meet her needs. The defendant sought to deduct, during the period (to the age of 25 years) for which the claimant was expected to share the house with her family, the value to the claimant’s parents of having a house provided free of charge for the whole family.
Held: The argument was rejected: ‘I come back to the basic proposition, which is that this is a compensation claim made on behalf of M. It is intended to compensate her for the effects of her disability. While she, for the purposes of this calculation, notionally lives at home with her parents until the age of 25, it seems to me that she is in no different position from any child who could not reasonably be expected to go out into the market place and buy accommodation.’
The defendant argued also for a deduction of the value of the property that, if the claimant had not been injured, she would have been likely to have purchased herself when she left home. Sullivan J accepted that such a deduction was appropriate from the time when the claimant could have been expected to leave the family home and acquire her own accommodation.

Judges:

Sullivan J

Citations:

[2002] PIQR Q46

Jurisdiction:

England and Wales

Damages, Personal Injury

Updated: 18 May 2022; Ref: scu.567516

Jacob and Youngs Inc v Kent: 1921

Court of Appeals of New York. A building contract specified that the plumbing should use a particular type of piping. In fact the builder used a different type of piping. Cardozo J. stated: ‘In the circumstances of this case, we think the measure of the allowance is not the cost of replacement, which would be great, but the difference in value, which would be either nominal or nothing . . It is true that in most cases the cost of replacement is the measure . . The owner is entitled to the money which will permit him to complete, unless the cost of completion is grossly and unfairly out of proportion to the good to be obtained. When that is true, the measure is the difference in value. Specifications call, let us say, for a foundation built of granite quarried in Vermont. On the completion of the building, the owner learns that through the blunder of a subcontractor part of the foundation has been built of granite of the same quality quarried in New Hampshire. The measure of allowance is not the cost of reconstruction. ‘There may be omissions of that which could not afterwards be supplied exactly as called for by the contract without taking down the building to its foundations, and at the same time the omission may not affect the value of the building for use or otherwise, except so slightly as to be hardly appreciable.’

Judges:

Cardoza J

Citations:

(1921) 230 NY 239

Cited by:

CitedRuxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Lists of cited by and citing cases may be incomplete.

Damages, Construction, International

Updated: 18 May 2022; Ref: scu.526102

Workington Harbour and Dock Board v Towerfield (Owners): CA 1949

Judges:

Bucknill LJ

Citations:

[1949] P 10

Statutes:

Pilotage Act 1913 15

Cited by:

Appeal fromWorkington Harbour and Dock Board v Towerfield (Owners) (‘The Towerfield’) HL 1951
The occasions upon which the master is called upon to exercise his reserve of authority either by interfering with the conduct of the ship or by taking the navigation out of the hands of a competent pilot are rare and should the master exercise that . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 18 May 2022; Ref: scu.410697

Davy v Leeds Corporation: CA 1964

Harman LJ described the section as ‘monstrous legislative morass’ and ‘a Slough of Despond’.

Judges:

Harman LJ

Citations:

[1964] 3 All ER 390, [1964] 1 WLR 1218

Statutes:

Land Compensation Act 1961 6

Cited by:

Appeal fromDavy v Leeds Corporation HL 1965
The Corporation declared an area in which the appellants owned some slum houses to be a slum clearance area and made a compulsory purchase order. Compensation was to be assessed under the 1919 Act and the 1959 Act. The appellants were entitled to . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 18 May 2022; Ref: scu.372347

Sun and Sand Ltd v Fitzjohn: 1979

The EAT considered the deduction of sickness benefit from the compensatory award. Arnold J said: ‘The appellants before us say that that amount of sick ness benefit should be deducted from the amount awarded within the compensatory award for the 13 weeks of pay between the date of dismissal and the date of new emp loyment. The matter for consideration seems to us to depend upon whether the amount of the loss sustained by Miss Fitzjohn in consequence of her dismissal was the whole amount of lost pay or was the amount of lost pay less the sickness benefit. If the applicant was entitled to retain the sickness benefit to which she was justly enti tled, so long as her employment continued, in addition to receiving her pay, the loss would in our judgment be the net pay lost without any deductions; but if either she was obliged to accept some reduced amount of pay by reference to the sickness benefit she had received or so long as she was being paid under a continuing contract of employment was disentitled from receiving sick benefit at all, then in either of those cases it seems to us that the compensatory award for lost pay should be reduced by the amount of the sickness benefit which she received. It is not contended by the appellants that so long as her contract of employment continued she would have been obliged to accept any deduction from her wages by reference to the amount of sickness benefit she had received or otherwise obliged to account to her employers for the amount of that sickness benefit. They do however submit that the applicant was not in fact entitled to receive sickness benefit so long as her contract of employment continued and that therefore all that she lost, if she had received no more than she was justly entitled to, would have been the net pay and it would follow from that that, since during the period of unemployment she received in fact sickness benefit, then her loss would be the amount of net pay less the amount of sickness benefit. For this proposition the appellants rely on the language of s.14(1)(b) of the Social Security Act 1975; the relevant part of the sub-section reads thus:
‘A person shall be entitled to unemployment benefit in respect of any day of unemployment which forms part of a period of interruption of employment and to sickness benefit in respect of any day of incapacity for work which forms part of such a period’
and they point out that ‘such a period’ plainly means a period of interruption of employment. So they say she is entitled to sickness benefit only during a period of unemp loyment since this is what ‘interruption of employment’ means, so that if she had continued to be employed by the appellants she would not, so long as that employment con tinued, notwithstanding that she was off work for sick ness, be entitled to sickness benefit. The answer to that proposition is in our judgment plainly contained in the definition which is to be found in s.17(1)(c) of the Social Security Act 1975, which provides that the expression ‘day of interruption of employment’ means a day which is a day of unemployment or incapacity for work. It follows from this, in our judgment, that where a person suffers from an incapacity for work such as that from which Miss Fitzjohn suffered during the relevant period it matters not that she has the benefit of a current contract of employment, in relation to her entitlement to sickness benefit.

Judges:

Arnold J

Citations:

[1979] IRLR 154

Cited by:

CitedPuglia v C James and Sons EAT 24-Oct-1995
The EAT considered the effect of the receipt of benefits during a period of sickness when calculating loss of earnings, and whether a hearing was properly conducted without the presence of the parties.
Held: There is no procedural irregularity . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 18 May 2022; Ref: scu.278237

Harlow and Jones v Panex (International) Ltd: ChD 1967

The sellers claimed under a sale contract against buyers who had refused to accept goods. By reason of the buyer’s non-acceptance of the goods, the sellers had incurred storage charges to their own suppliers with whom they had entered into an agreement which effectively made recovery of the storage charges contingent upon recovery of the storage charges from the buyers.
Rosklii J said: ‘Next there are the storage charges . . [Counsel] correctly summarised the final position by saying that the bargain was that the Russian sellers would only claim against the plaintiffs if the plaintiffs could recover those charges from the defendants in this action. [Counsel] argued that an arrangement of that kind barred the plaintiffs recovering in this action. For my part I am unable to see why. The plaintiffs have – and this was not contested – apart from any agreement with the Russian sellers, a perfectly good claim for these storage charges. Why the plaintiffs should not make an arrangement for their own sellers, ‘we will claim these and hand the proceeds over to you if we recover provided you let us off if we do not’, I am unable to see. Nor do I see why the existence of such an arrangement should afford the defendants a defence which they would not otherwise possess. It seems to me an eminently sensible commercial arrangement . . ‘

Judges:

Rosklii J

Citations:

[1967] 2 Lloyd’s Rep 509

Cited by:

CitedGiles v Thompson, Devlin v Baslington (Conjoined Appeals) HL 1-Jun-1993
Car hire companies who pursued actions in motorists’ names to recover the costs of hiring a replacement vehicle after an accident, from negligent drivers, were not acting in a champertous and unlawful manner. Lord Mustill said: ‘there exists in . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Contract, Damages

Updated: 18 May 2022; Ref: scu.272902

Arab Monetary Fund v Hashim and Others (No 8): ChD 17 Jun 1993

Leave to amend was given to the defendant to add a claim for a contribution. It was not an issue of fact. The statute did not imply any assumption that the defendant would would not maintain a defence. Matters of foreign law were not part of the facts of a case.

Judges:

Chadwick J

Citations:

Times 17-Jun-1993, [1993] CLY 3134

Statutes:

Civil Liability (Contribution) Act 1978 1, Supreme Court Act 1981 69(5), Rules of the Supreme Court Ord 18 r 7(1)

Damages, Litigation Practice

Updated: 17 May 2022; Ref: scu.77849

D and L Caterers Ltd v D’Ajou: 1945

Damages in favour of a corporate body in defamation cases are limited to financial damage.

Citations:

[1945] KB 364

Cited by:

CitedAdelson and Another v Associated Newspapers Ltd QBD 19-Dec-2007
Applications were launched with in defamation proceedings to seek to recover damages for parties who had not previously been part of the proceedings.
Held: The amendments were refused. The new claimants were now out of time, and it was clear . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 17 May 2022; Ref: scu.263552

The Popi M; Rhesa Shipping Co SA v Edmonds: 1983

The parties disputed the cause of the loss of a ship. The experts suggested different but improbably explanations; each supported as the most likely explanation only because any other hypothesis was regarded as almost (if not altogether) impossible. The owners of the ship claimed against underwriters for her total loss which had occurred in calm weather. It became common ground that the vessel had sunk because of an ingress of sea water through a hole in the side plating. Underwriters contended that the vessel had been unseaworthy and that had been the proximate cause of the entry of water. The court made no finding that the vessel was seaworthy or that she was unseaworthy; he was left in doubt. The owners put forward a case that the hole in the side plating had been caused by contact with a submerged and moving submarine by eliminating other possibilities; the judge concluded that contact with a moving submarine was so improbable that if he were to conclude that it was the likely cause of the loss he had to be satisfied that any other explanation for the casualty had to be ruled out. The underwriters put forward a case that the hole had arisen through wear and tear and provided a detailed explanation as to how that had happened. The judge rejected that detailed explanation and was therefore left with a choice between the owner’s submarine hypothesis and the possibility that the casualty occurred as a result of wear and tear but by means of a mechanism which remained in doubt.
Held: Bingham J referred to the dictum of Sherlock Holmes: ‘How often have I said to you that, when you have eliminated the impossible, whatever remains, however improbable, must be the truth?’ He concluded that, despite the inherent improbability and despite the disbelief with which he had been inclined to regard it, the collision with the submarine had to be accepted on the balance of the probabilities as the explanation of the casualty.

Judges:

Bingham J

Citations:

[1983] 2 Lloyd’s Rep 235

Cited by:

At First InstanceRhesa Shipping Co SA v Edmonds (The Popi M) HL 16-May-1985
The Popi M sank in calm seas and fair weather as a result of a large and sudden entry of water into her engine room through her shell plating. The vessel’s owners claimed against her hull and machinery underwriters, contending that the loss was . .
CitedIde v ATB Sales Ltd and Another CA 28-Apr-2008
Each appellant challenged how the judge had decided between alternative proofs of causation of the respective loss. In Ide, the claimant asserted a fault in a cycle handlebar, and in Lexus, the claimant asserted that it caught fire whilst . .
Lists of cited by and citing cases may be incomplete.

Damages, Litigation Practice

Updated: 17 May 2022; Ref: scu.267224

Burton v Pinkerton: 1867

The Plaintiff agreed to serve on the defendant’s ship for twelve months, but left it when the Defendant berthed in a Peruvian port with a cargo which included ammunition, even though Peru was at war with Spain (”two powers at peace with England’). The Plaintiff regarded the proposed voyage as both illegal and more dangerous than he anticipated at the time of entering into his contract. He was imprisoned for some days as a ‘Peruvian deserter” and upon his release discovered that the ship had gone, still with some of his clothes on board. The jury gave damages for both the imprisonment and the clothing.
Held: Both heads of damage were too remote. Baron Bramwell: ‘It is true that in one sense the defendant’s conduct caused the imprisonment: but for that, no doubt, the plaintiff would not have been imprisoned. That, however, is not enough. Suppose, for instance, the plaintiff had met robbers whilst ashore, and been injured by them, he certainly could have recovered nothing from the defendant for such injury, yet the defendant might, in that case also, be said to have caused the damage. According to the ordinary rule, damage to be recoverable by a plaintiff must inevitably flow from the tortious act of the defendant. It must be caused by him as the causa causans, and this imprisonment was not so caused’. The Plaintiff could only recover for lost wages and possibly something for inconvenience. A new trial was ordered as it was impossible to disentangle how much the jury had included under each of the heads.

Judges:

Baron Bramwell, Baron Martin and Baron Channell

Citations:

(1867) LR 2 Ex 340

Jurisdiction:

England and Wales

Cited by:

CitedWiseman v Virgin Atlantic Airways Ltd QBD 29-Jun-2006
The claimant said that he was refused permission to board a flight by the defendants representative without paying a bribe, and was publicly humiliated for not doing so.
Held: Whilst the claimant could recover for his own additional expenses, . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 17 May 2022; Ref: scu.243286

Arneil v Paterson: 1931

Viscount Dunedin spoke of a hypothetical case in which two dogs had worried a sheep to death: ‘Would we then have to hold that each dog had half killed the sheep?’
Viscount Hailsham said: The owner of one of the two dogs which had worried the sheep was liable for the whole damage because ‘each of the dogs did in law occasion the whole of the damage which was suffered by the sheep as a result of the action of the two dogs acting together’

Judges:

Viscount Dunedin, Viscount Hailsham

Citations:

[1931] AC 560

Cited by:

CitedZurich Insurance Plc UK Branch v International Energy Group Ltd SC 20-May-2015
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule . .
Lists of cited by and citing cases may be incomplete.

Damages, Negligence

Updated: 17 May 2022; Ref: scu.241496

Wolmershausen v Gullick: 1893

Claim for contribution between co-securities. Wright J reviewed the development of the entitlement to contribution from Justinian’s statement of it, through its application by the custom of the City of London in the time of Queen Elizabeth to the time of his judgment.

Judges:

Wright J

Citations:

[1893] 2 Ch 514

Cited by:

MentionedAer Lingus v Gildacroft Ltd and Another CA 17-Jan-2006
The claimant had been found liable to pay damages for personal injury, and now sought contribution from the defendants. The defendants said that they were out of time since the contribution action had been commenced more than 2 years after the . .
CitedWimpey (George) Co Ltd v British Overseas Airways Corporation HL 1954
A joint tortfeasor could escape liability in contribution proceedings if it had been unsuccessfully sued by the injured person in an action brought outside the relevant limitation period. Where a court has to decide between two competing cases, if . .
Lists of cited by and citing cases may be incomplete.

Limitation, Damages, Contract

Updated: 17 May 2022; Ref: scu.238752

Vision Golf v Weightmans (a Firm): ChD 26 Jul 2005

The defendant solicitors were joint tortfeasors, having failed to make an application to court in a timely fashion, when it might have succeeded. It defended the claim saying that had the claimant issued proceedings against a second firm that firm would also have been liable.
Held: The ‘but for test’ set out in Iraqi Airways was satisfied in this case. The claim fell within the purpose of the law imposing liability for professional negligence. Nothing prevented the claim against the defendant. The possible liability of a second party did not absolve the defendant.

Judges:

Lewison J

Citations:

Times 01-Sep-2005

Citing:

CitedKuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .

Cited by:

CitedFinecard International Ltd (T/A the Ninja Corporation) v Urquhart Dyke and Lord (A Firm) and Another ChD 10-Nov-2005
The defendants sought an interim ruling that they were not the cause of the claimant’s losses. They had acted as patent agents to license to exploit the claimant’s patent in the UK. They alleged that the failure to complete the registration of the . .
See AlsoVision Golf Ltd v Weightmans (A Firm) ChD 21-Jul-2006
. .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 17 May 2022; Ref: scu.229997

Mitchell v Mulholland (No. 2): CA 1972

The plaintiff was severely injured, and recovered substantial damages. andpound;20,000 for pain and suffering and loss of amenity, and andpound;21,350 for nursing care. The court declined to adjust the award for anticipated inflation: ‘an award of damages for personal injury should not reflect the possibility of continuing inflation.’

Judges:

Widgery LJ

Citations:

[1972] 1 QB 65

Jurisdiction:

England and Wales

Citing:

See AlsoMulholland v Mitchell HL 1971
The House was asked whether to re-open an assessment of damages where there had been a very marked change in the injured person’s situation shortly after the trial. There was no suggestion of fraud. The Court of Appeal had decided to admit the fresh . .

Cited by:

CitedCunningham v Harrison CA 17-May-1973
The plaintiff had been severely injured, and would need nursing care for the rest of his life. His wife nursed him until her death, but had given a statement that if not for her two full time nurses would be required. His employer continued to pay . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 17 May 2022; Ref: scu.225260

County Personnel (Employment Agency) v Pulver (Alan R) and Co: CA 1987

The parties were negotiating for an under-lease. The lease provided for rent to increase along with rent reviews under the head lease. The solicitors failed to ascertain the rent under the head lease, to advise his client to have the property valued, or to explain the unusual clause. The rent was reviewd to an uneconomic rent, and the client sued his solicitor for negligence. He appealed dismissal of his claim.
Held: The solicitor was negligent. In exercising reasonable professional judgement he should have alerted his client to the consequences of the unusual clause. As to damages, the court was not restricted to the diminution in value. The plaintiff was entitled also to the costs of surrender and possibly to the cost of a lease whch would be saleable.

Citations:

[1987] 1 All ER 289

Cited by:

CitedNeighbour v Barker CA 1992
Purchasers had set out to buy the property without having a survey, relying upon representations as to its condition, later found to be fraudulent, from the vendor. The condition was discovered only after exchange of contracts. The purchasers’ . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 16 May 2022; Ref: scu.219184

Scholes v Brook: 1891

Counsel for the appellant had submitted that the damages ought to be the difference between the value of the estate as stated by the valuers and the real value at that time. This submission was rejected.
Held: The argument was rightly rejected.

Citations:

(1891) 64 LT 674

Cited by:

CitedHedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Lists of cited by and citing cases may be incomplete.

Negligence, Damages

Updated: 16 May 2022; Ref: scu.216367

Anderson v Davis: QBD 1993

The court referred to the judgment in Francis -v- Bostock: ‘That judgment of Russell J., as he then was, has been followed in other cases and it is with some trepidation that I decided not to follow it here, for the following reasons. First, in a case like this, which is one where any wise plaintiff without financial or investment expertise would be bound to require skilled advice on the management of his fund, I can see no difference, in principle, between an expense which is necessary under the Rules of the Supreme Court or pursuant to the direction of the judge on the one hand, and an expense which is enforced by circumstance, or which will probably be enforced by circumstance, save that the Court of Protection fees are bound to be judged as reasonable expenses, whereas other management fees may or may not be judged to be reasonable, in all the circumstances. Secondly, if the plaintiff has, in commonsense and good judgment, to spend management fees to use his fund to provide true compensation, that seems to me to be part of the economic loss which the Court is enabling him to recover. Put another way, if he does not take such management advice, at a cost to him, the reality is that the award will not compensate him as the Court intends it to do my making its award of damages.’

Judges:

Rodger Bell QC

Citations:

[1993] PIQR Q87

Jurisdiction:

England and Wales

Citing:

Not FollowedFrancis v Bostock 8-Nov-1985
The court considered the question of whether the court should award the additional costs of receiving investment advice to deal with an award of damages: ‘The award I make is compensatory. The whole object of the exercise upon which I have embarked . .

Cited by:

CitedEagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 16 May 2022; Ref: scu.200636

Shearson Lehman Hutton v Maclaine Watson (No 2): 1990

When a court orders repayment of a sum, with interest the rate of interest may be the commercial rate, which would normally be 1% above base rate, but is variable on appropriate evidence.

Citations:

[1990] 3 All ER 723

Citing:

See AlsoShearson Lehman Hutton Inc and Another v Maclaine Watson and Co Ltd and Others 1989
The court considered the requirements of natural justice in the light of the decision in Gaiman: ‘Nor do I consider my conclusions to be inconsistent with the decision of Megarry J in [Gaiman] because Megarry J held that the principles of natural . .

Cited by:

CitedReed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs.Com Ltd CA 14-Jul-2004
Walker v Wilshire still Good Law
After successfully appealing, the defendant claimant argued for a substantial part of its costs, saying that the defendant had unreasonably refused ADR. To pursue this, it now sought disclosure of the details of the without prejudice negotiations . .
CitedAdcock v Co-Operative Insurance Society Ltd CA 26-Apr-2000
The claimant claimed under his fire insurance with the defendants. He sought damages for their delay in processing the claim.
Held: The power to award interest on damages is discretionary. The judge had refused to allow interest, at a rate . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Damages

Updated: 16 May 2022; Ref: scu.199275

McKillen v Barclay Curle and Co Ltd: 1967

The Lord Ordinary had awarded the pursuer damages for tuberculosis, on the basis that in the accident he had fractured a rib and this had reactivated his pre-existing tuberculosis.
Held: The pursuer had failed to prove the causal connexion between the fractured rib and the tuberculosis, since there was no corroboration of the evidence of the pursuer’s expert witness. They accordingly allowed the reclaiming motion. In Scots law a wrongdoer takes his victim as he finds him. Foreseeability had no relevance to the determination of the measure of damage, once liability had been established.

Judges:

Lord President Clyde

Citations:

1967 SLT 41

Jurisdiction:

Scotland

Citing:

ConfirmedSmith v Leech Brain and Co Ltd CA 1962
The reasoning in The Wagon Mound did not affect the rule that a tortfeasor takes his victim as he finds him.
Lord Parker CJ said: ‘The test is not whether these employers could reasonably have foreseen that a burn would cause cancer and that . .
CitedOverseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) PC 18-Jan-1961
Foreseeability Standard to Establish Negligence
Complaint was made that oil had been discharged into Sydney Harbour causing damage. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying ‘We have come back to the plain . .
CitedBourhill v Young’s Executor HL 5-Aug-1942
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been . .

Cited by:

CitedSimmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Obiter rmarks doubtedM’Kew v Holland and Hannen and Cubitts (Scotland) Ltd 1969
. .
Lists of cited by and citing cases may be incomplete.

Negligence, Damages

Updated: 16 May 2022; Ref: scu.196527

Broadway Approvals Ltd v Odhams Press Ltd (No 2): CA 1965

A company’s mind is not to be assessed on the totality of knowledge of its employees. Malice was not to be established by forensic imagination however eloquently and subtly expressed.
Russell LJ said: ‘the law of libel seems to have characteristics of such complication and subtlety that I wonder whether a jury on retiring can readily distinguish their heads from their heels.’

Judges:

Sellers, Davies and Russell L.JJ

Citations:

[1965] 1 WLR 805

Citing:

AppliedRookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .

Cited by:

CitedAlexander v Arts Council of Wales CA 9-Apr-2001
In a defamation action, where the judge considered that, taken at their highest, the allegations made by the claimant would be insufficient to establish the claim, he could grant summary judgment for the defence. If the judge considered that a . .
CitedCassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .
CitedTelnikoff v Matusevitch HL 14-Nov-1991
The court should decide on whether an article is ‘fact or comment’ purely by reference to the article itself, and not taking into account any of the earlier background coverage. It is the obligation of the relevant commentator to make clear that the . .
CitedBray v Deutsche Bank Ag QBD 12-Jun-2008
A former employee of the defendant bank sued in defamation after the bank published a press release about its results which he said was critical of him.
Held: Where there is a real issue as to whether the words are defamatory of the claimant, . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages, Company

Updated: 16 May 2022; Ref: scu.194318

Shepheard v Broome: 1904

Citations:

[1904] AC 342

Citing:

Affirmed on AppealBroome v Speak 1903
. .

Cited by:

CitedSmith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996
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 . .
Appealed toBroome v Speak 1903
. .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 16 May 2022; Ref: scu.191187

Thompson v Smiths Shiprepairers (North Shields) Ltd: QBD 1984

The test to be applied in determining the time at which an employer’s failure to provide protection constituted actionable negligence was what would have been done at any particular time by a reasonable and prudent employer who was properly but not extraordinarily solicitous for his workers’ safety in the light of what he knew or ought to have known at the time. Lord Devlin’s statement of the law as to concurrent tortfeasors ‘does not . . demand the conclusion that where the court knows that the initial stage of the damage was caused by A (and not B) and that the latter stage was caused by B (and not A), it is obliged by law to proceed (contrary to the true facts) on the assumption that the faults of each had caused the whole damage.’ and ‘I see no reason why the present impossibility of making a precise apportionment of impairment and disability in terms of time, should in justice lead to the result that the defendants are adjudged liable to pay in full, when it is known that only part of the damage was their fault. What justice does demand, to my mind, is that the court should make the best estimate it can, in the light of the evidence, making the fullest allowances in favour of the plaintiffs for the uncertainties known to be involved in any apportionment.’
Mustill J adopted and developed the statement of Swanwick J: ‘I shall direct myself in accordance with this succinct and helpful statement of the law, and will make only one additional comment. In the passage just cited, Swanwick J drew a distinction between a recognised practice followed without mishap, and one which in the light of common sense or increased knowledge is clearly bad. The distinction is indeed valid and sufficient for many cases. The two categories are not, however, exhaustive: as the present actions demonstrate. The practice of leaving employees unprotected against excessive noise had never been followed ‘without mishap.’ Yet even the plaintiffs have not suggested that it was ‘clearly bad,’ in the sense of creating a potential liability in negligence, at any time before the mid-1930s. Between the two extremes is a type of risk which is regarded at any given time (although not necessarily later) as an inescapable feature of the industry. The employer is not liable for the consequences of such risks, although subsequent changes in social awareness, or improvements in knowledge and technology, may transfer the risk into the category of those against which the employer can and should take care. It is unnecessary, and perhaps impossible, to give a comprehensive formula for identifying the line between the acceptable and the unacceptable. Nevertheless, the line does exist, and was clearly recognised in Morris v West Hartlepool Steam Navigation Co Ltd [1956] AC 552. The speeches in that case show, not that one employer is exonerated simply by proving that other employers are just as negligent, but that the standard of what is negligent is influenced, although not decisively, by the practice in the industry as a whole. In my judgment, this principle applies not only where the breach of duty is said to consist of a failure to take precautions known to be available as a means of combating a known danger, but also where the omission involves an absence of initiative in seeking out knowledge of facts which are not in themselves obvious. The employer must keep up to date, but the court must be slow to blame him for not ploughing a lone furrow.’

Judges:

Mustill J

Citations:

[1984] 1 QB 405, [1984] 1 All ER 881

Jurisdiction:

England and Wales

Citing:

CitedStokes v Guest Keen and Nettlefold (Nuts and Bolts) Ltd QBD 1968
An employee had been exposed at work over a long period to mineral oil which, on a daily basis, had saturated his clothing and come into contact with his skin. As a result of this he developed cancer of the scrotum from which he eventually died. The . .

Cited by:

AppliedHoltby v Brigham and Cowan (Hull) Ltd CA 6-Apr-2000
A claimant who sought damages for injuries suffered by the ingestion of asbestos whilst working for one employer, but had also worked for other periods for other employers where similar activities had been involved, had the onus in the claim to . .
CitedMcTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
CitedWilsher v Essex Area Health Authority HL 24-Jul-1986
A premature baby suffered injury after mistaken treatment by a hospital doctor. He had inserted a monitor into the umbilical vein. The claimant suggested the treatment should have been by a more senior doctor. The hospital appealed a finding that it . .
CitedSienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore SC 9-Mar-2011
The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on . .
CitedBaker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
CitedZurich Insurance Plc UK Branch v International Energy Group Ltd SC 20-May-2015
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule . .
Lists of cited by and citing cases may be incomplete.

Damages, Negligence

Updated: 16 May 2022; Ref: scu.190109

Houston v Smith: CA 16 Dec 1993

Doctors operated within the same building. The defendant falsely accused the plaintiff of harassing her and her staff, groping them and fondling them sexually. The allegation was made in the hearing of several of the plaintiff’s patients in the doctors’ joint waiting room. The defendant denied having suggested impropriety with her staff but sought to justify her allegation of personal harassment, alleging that the plaintiff had brushed up against her deliberately. The allegation of sexual harassment was plainly a matter of the utmost gravity for a general practitioner, there were aggravating features and there had been no apology. The publication, however, had been only to a very small number of people. The Court of Appeal reduced the jury’s award of andpound;150,000 to andpound;50,000. If a prompt apology had been published the appropriate award would have been a very small fraction that sum.

Judges:

Hirst LJ

Citations:

Unreported, 16 December 1993

Jurisdiction:

England and Wales

Cited by:

CitedKiam v MGN Ltd CA 28-Jan-2002
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably . .
CitedNail and Another v News Group Newspapers Ltd and others CA 20-Dec-2004
The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication.
Held: In defamation proceedings the damage to feelings is . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 16 May 2022; Ref: scu.184742

McCarey v Associated Newspapers Ltd (No 2): CA 1965

References to damages awards in personal injury actions were legitimate in directing a defamation jury on quantum.

Judges:

Pearson, Willmer and Diplock LJJ

Citations:

[1965] 2 QB 86

Jurisdiction:

England and Wales

Citing:

AppliedRookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .

Cited by:

DisapprovedRantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
DisapprovedJohn v MGN Ltd CA 12-Dec-1995
Defamation – Large Damages Awards
MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in . .
CitedGleaner Company Ltd and Another v Abrahams PC 14-Jul-2003
Punitive Defamation Damages Order Sustained
(Jamaica) The appellants challenged a substantial award of damages for defamation. They had wrongfully accused a government minister of corruption. There was evidence of substantial financial loss. ‘For nearly sixteen years the defendants, with all . .
Lists of cited by and citing cases may be incomplete.

Damages, Defamation

Updated: 16 May 2022; Ref: scu.184739

Flureau v Thornhill: 1746

A person who contracts to purchase land, but where the title is, without collusion, defective cannot claim for his loss of bargain. ‘These contracts are merely upon condition, frequently expressed, but always implied, that the vendor has good title. If he has not, the return of the deposit with interest and costs, is all that can be expected.’ ‘Upon a contract for a purchase, if the title proves bad, and the vendor is, without fraud, incapable of making a good one, I do not think the pourchaser can be entitled to any damages for the fancied goodness of the bargain, which he supposes he has lost.’

Judges:

Blackstone J, De Grey CJ

Citations:

(1776) 2 Wm Bl 1078, 96 ER 635, [1746] EngR 175, (1746-1779) 2 Black W 1078, (1746) 96 ER 635

Links:

Commonlii

Cited by:

ApprovedBain v Fothergill HL 1874
The defendants intended to sell to the plaintiffs their leasehold interests in mining royalties, but were under a covenant not to sell without the consent of the lessors. A condition of the sale provided for ‘ the usual covenant for our protection . .
CitedHollier v Rambler Motors (AMC) Ltd CA 19-Nov-1971
The plaintiff left his car with the defendant garage for repair. Whilst there it was substantially damaged by fire. The defendant sought to rely upon their terms which would negative liability, saying that the terms had been incorporated by . .
Lists of cited by and citing cases may be incomplete.

Land, Contract, Damages

Updated: 16 May 2022; Ref: scu.183267

Rickless v United Artists Corporation: CA 1987

The Act created a private right to performers. Although it might appear to provide criminal sanctions only, performers had the right to give or withhold consent to the use of their performances and to enforce that right by action in the civil courts. This statutory right was not purely personal, but survived the death of the performer and vested in his or her personal representatives, so that in the absence of consent of a performer or his or her personal representatives, there was an actionable breach. A feature film (Trail of the Pink Panther – ‘Trail’) starring the late Peter Sellers had been made by use of cutting floor clips from previous films made with his consent. In two films, The Pink Panther Strikes Again and Revenge of the Pink Panther his consent extended to the use in this way of the cutting floor clips, and ordered the producer companies to account for percentages of the gross receipts of Trail as sums derived from Strikes and Revenge. In the case of three films where there had been no consent, damages were awarded for breach, or inducing breach, of contract in the sum of $1,000,000.
Sir Nicolas Browne-Wilkinson V-C observed that, while not decisive, it was generally easier to spell out civil liability where Parliament had expressly stated that an act was unlawful rather than merely classifying it as a criminal offence.

Judges:

Hobhouse J, Sir Nicolas Browne-Wilkinson V-C, Bingham LJ

Citations:

[1988] QB 40, [1987] 1 All ER 679, [1987] 2 WLR 945

Statutes:

Dramatic and Musical Performers Protection Act 1958 1

Jurisdiction:

England and Wales

Cited by:

CitedExperience Hendrix LLC v PPX Enterprises Inc and Another CA 20-Mar-2003
The claimant had obtained an interim injunction against the defendant for copyright infringement, though it could show no losses. It now sought additionally damages. The defendant argued that it could not have both.
Held: The case arose form . .
CitedCampbell v Gordon SC 6-Jul-2016
The employee was injured at work, but in a way excluded from the employers insurance cover. He now sought to make the sole company director liable, hoping in term to take action against the director’s insurance brokers for negligence, the director . .
Lists of cited by and citing cases may be incomplete.

Damages, Intellectual Property, Media

Updated: 16 May 2022; Ref: scu.180883

Hogan v Bentinck West Hartley Collieries (Owners) Ltd: HL 1949

The workman plaintiff suffered from a congenital defect, having an extra thumb in his right hand. He met with an industrial accident and fractured the false thumb. It was treated by splinting but he continued to be in pain. He was then sent to the hospital where it was discovered that the fracture had not united. He was advised that an operation was required to remove not just the false thumb, but also the top joint of the normal thumb. The result of this operation was unsatisfactory as it left him with a tender stump which rendered him fit for light work only. The workman applied for compensation on the ground of this incapacity, which applied ‘Where . . incapacity for work results from the accident’ .
Held: This later incapacity was not the result of the injury which was caused by the industrial accident.
The question of the effect of a novus actus can only be answered on a consideration of all the circumstances and, in particular, the quality of that later act or event. Questions of causation are pure questions of fact which, if they are to be answered by a judge, must yet be answered by him as an ordinary man.
Medical negligence or inefficiency can be held to amount to a new cause of incapacity in some circumstances.
Lord MacDermott and Lord Reid, dissenting, were of the opinion that in interpreting the words ‘results from the injury’ in the Act, regard ought to had for the social policy of the legislation.
Lord Reid stated that the Court of Appeal was correct in holding that it was bound by authority but he was of the view that the House of Lords, not being bound, ought to change the law as it stood. He said that not only must the new cause come in but the old must go out; there must no longer be any cause or connection between the injury by accident and the present incapacity.
He considered that ‘grave lack of skill or care on the part of the doctor’ would amount to a novus actus interveniens.

Judges:

Lord Simonds, Lord Normand, Lord Morton of Henryton, Lord MacDermott and Lord Reid

Citations:

[1949] 1 All ER 588

Jurisdiction:

England and Wales

Citing:

ApprovedRothwell v Caverswall Stone Co Ltd CA 1944
duParcq LJ set out two propositions: ‘In my opinion, the following propositions may be formulated upon the authorities as they stand: first, an existing incapacity ‘results from’ the original injury if it follows, and is caused by, that injury, and . .

Cited by:

CitedWieland v Cyril Lord Carpets Ltd 1969
The plaintiff suffered injury from the admitted negligence of the defendant. After attending the hospital she felt shaken and the movement of her head was constricted by a collar which had been fitted to her neck. In consequence she was unable to . .
Lists of cited by and citing cases may be incomplete.

Negligence, Damages

Updated: 16 May 2022; Ref: scu.614914

Rothwell v Caverswall Stone Co Ltd: CA 1944

duParcq LJ set out two propositions: ‘In my opinion, the following propositions may be formulated upon the authorities as they stand: first, an existing incapacity ‘results from’ the original injury if it follows, and is caused by, that injury, and may properly be held so to result even if some supervening cause aggravated the effects of the original injury and prolonged the period of incapacity.’ and: ‘If, however, the existing incapacity ought fairly to be attributed to a new cause which has intervened and ought no longer to be attributed to the original injury, it may properly be held to result from the new cause and not from the original injury, even though, but for the original injury, there would have been no incapacity.’

Judges:

duParcq LJ

Citations:

[1944] 2 All ER 350

Jurisdiction:

England and Wales

Cited by:

ApprovedHogan v Bentinck West Hartley Collieries (Owners) Ltd HL 1949
The workman plaintiff suffered from a congenital defect, having an extra thumb in his right hand. He met with an industrial accident and fractured the false thumb. It was treated by splinting but he continued to be in pain. He was then sent to the . .
Lists of cited by and citing cases may be incomplete.

Negligence, Damages

Updated: 16 May 2022; Ref: scu.614915

Taylor v O’Connor: HL 1970

The appellant driver had caused a car accident in 1965, in which the respondent’s husband died. The respondent sought damages under the Fatal Accidents Acts for herself then aged 52 and for her 18 year old daughter. The husband died aged 53 and a partner in a successful firm of architects. His life expectancy on death was 18 years, and of the respondent 21 years. After tax, his income was pounds 7,500 per year up to retirement. Under the partnership deed he would have to leave some part of his income in the partnership as working capital and at the time of the death this amounted to pounds 10,000 and during the rest of his working life as a partner he would have left pounds 1,500 per year in the firm. When assessing damages the trial judge, holding that he might have continued as a full partner beyond the normal retirement age, or may have continued as a consultant, ruled that the husband would have continued to enjoy a net spendable income of pounds 6,000 per annum for the remainder of his life. The dependency of the respondent and the daughter were estimated at pounds 4,000 profit. Pounds 250 was to be deducted in respect of the accelerated benefit from the savings of pounds 10,000; tithe dependency for the purposes of the award of Damages was reckoned at pounds 3,750 per annum. The judge increased the proposed multiplier to allow for inflation. To the resulting song of pounds 45,000, the judge added pounds 9,000 as the present value of pounds 18,000, being the product of pounds 1,500 left in the firm for each of the 12 years. The Court of Appeal had refused to disturb the trial award. The driver now appealed against quantum.
Held: There were no grounds for interfering with the amount of Damages awarded by the trial judge.
Lord Morris of Borth-y-Gest, Lord Guest, Viscount Dilhorne, and Lord Pearson said that prospective inflation is not a valid reason for increasing a multiplier.
Lord Reid and lord Dilhorne said that in assessing the effect of the incidence of tax on and awarded damages, any private income of the recipient should be ignored.

HL

Judges:

Lord Morris of Borth-y-Gest, Lord Guest, Viscount Dilhorne, and Lord Pearson,

Citations:

[1970] 1 All ER 365, [1971] AC 115, 114 Sol Jo 132, [1970] TR37, [1970] 2 WLR 472

Jurisdiction:

England and Wales

Cited by:

CitedKnauer v Ministry of Justice SC 24-Feb-2016
The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 16 May 2022; Ref: scu.606462

Graham v Dodds: HL 1983

A court dealing with personal injury claims normally makes a discount in respect of damages for the future loss of earnings
Lord Bridge said ‘The only issue arising in this appeal which is strictly one of law is whether, in assessing damages for loss of dependency arising from a fatal accident, the multiplier or number of years purchase should be calculated from the date of death or from the date of trial. Counsel for the defendant has contended for the former. Counsel for the plaintiff has throughout contended for the latter and this view prevailed with the learned Lord Chief Justice and the majority of the Court of Appeal. The judge, in a short note appended to the transcript in his report of the trial, said:
‘I took the view that there is no legal principle that the number of years of purchase (in this case I suggest 11 to 14) should be automatically reduced having regard to the number of years special damage since the death of the deceased and that the contrast sometimes made with personal injury cases is not a sound one’.
On this issue the majority of the Court of Appeal examined the speeches in your Lordships’ house in Cookson v Knowles [1979] AC 556 and reached the conclusion that Lord Diplock and Lord Fraser of Tullybelton had expressed opposite and irreconcilable opinions. Gibson L.J. illustrated his understanding of the supposedly conflicting doctrines by indicating how they would apply in assessing the dependency of the widow of a young man killed at the age of 21, in the following terms:
‘Should the action not come to hearing until five years had elapsed Lord Fraser of Tullybelton would assess at death the multiplier, which I take at say 18, and he would then allow five years’ special damage and 13 years as the multiplier of future loss. Lord Diplock, on the other hand, would also give five years’ special damage and then fix the multiplier on the assumption of the death of the deceased at the age of 26 years, which Mr. Hill conceded would not be appreciably less than the original figure of 18′.
On the basis of such a conflict, Gibson and O’Donnell L.JJ. held themselves free to choose which of the two doctrines they preferred and both came down in favour of the view they attributed to Lord Diplock.
It is to be observed that in Cookson v. Knowles Viscount Dilhorne, Lord Salmon and Lord Scarman all expressed their agreement with the speeches of both Lord Diplock and Lord Fraser of Tullybelton. Gibson L.J. recognised this and described it as a ‘confusing feature’ of the case. It would indeed be astonishing that such a radical conflict should have escaped the attention of the three concurring members of your Lordships’ House, but still more astonishing that neither Lord Diplock nor Lord Fraser of Tullybelton should have said a word to indicate any awareness that they were disagreeing with each other on a matter of fundamental principle.
My Lords, I have to say, with respect, that the majority of the Court of Appeal based their decision in this case on a misunderstanding of the decision in Cookson v. Knowles [1979] AC 556. In that case the widow’s claim under the Fatal Accidents Acts arose from the death of her husband at the age of 49. The trial judge took 11 years’ purchase from the date of death as the appropriate multiplier. But he applied it to the estimated annual dependency at the date of trial, 2 1/2 years after the date of death, to arrive at a single capital sum of damages on which he awarded interest at 9 per cent from the date of death to the date of trial. The Court of Appeal reduced the capital award by estimating the dependency in two parts: (a) from the date of death to the date of trial, (b) from the date of trial onwards and allowed interest on the first part of the award only at a reduced rate. For the purpose of the capital assessment, the trial judge’s figure of 11 years purchase from the date of death had to be divided; 2 1/2 was applied in calculating the pre-trial loss, 8 1/2 in calculating the future loss. But the propriety of calculating the overall multiplier from the date of death was not questioned. In the unanimous decision of this House affirming the Court of Appeal, Lord Fraser of Tullybelton dealt with the last point expressly in the following passage, at pp. 575-576:
‘In the present case the deceased was aged 49 at the date of his death and the trial judge and the Court of Appeal used a multiplier of 11. That figure was not seriously criticised by counsel as having been inappropriate as at the date of death, although I think it is probably generous to the appellant. From that figure of 11, the Court of Appeal deducted 2 1/2 in respect of the 2 1/2 years from the date of death to the date of trial, and they used the resulting figure of 8 1/2 as the multiplier for the damages after the date of trial. In so doing they departed from the method that would have been appropriate in a personal injury case and counsel for the appellant criticised the departure as being unfair to the appellant. The argument was that if the deceased man had had a twin brother who had been injured at the same time as the deceased man was killed, and whose claim for damages for personal injury had come to trial on the same day as the dependant’s claim under the Fatal Accidents Acts* the appropriate multiplier for his loss after the date of trial would have been higher than 8 1/2. On the assumption, which is probably correct, that that would have been so, it does not in my opinion follow that the multiplier of 8 1/2 is too low in the present claim under the Fatal Accidents Acts where different considerations apply. In a personal injury case, if the injured person has survived until the date of trial, that is a known fact and the multiplier appropriate to the length of his future working life has to be ascertained as at the date of trial. But in a fatal accident case the multiplier must be selected once and for all as at the date of death, because everything that might have happened to the deceased after that date remains uncertain. Accordingly having taken a multiplier of 11 as at the date of death and having used 2 1/2 in respect of the period up to the trial, it is in my opinion correct to take 8 1/2 for the period after the date of trial. That is what the Court of Appeal did in this case/
If I may say so, respectfully, I find the reasoning in this passage as cogent as it is clear. But, what is perhaps more important, I can find nothing in the speech of Lord Diplock which conflicts in any way with Lord Fraser of Tullybelton’s reasoning or with his conclusion. The two passages cited by Gibson L.J. from Lord Diplock’s speech dealing with the assessment of the dependants’ future loss from date of trial are not directed to the question of the appropriate multiplier and certainly lend no support to the doctrine that this can be calculated on the assumption that the deceased, if he had survived the accident, would certainly have remained alive and well and in the same employment up to the date of trial. Such a doctrine, ignoring the uncertainty which, as Lord Fraser of Tullybelton pointed out, affects everything that might have happened to the deceased after the date of his death, is clearly contrary to principle and would lead to the highly undesirable anomaly that in fatal accident cases the longer the trial of the dependants’ claims could be delayed the more they would eventually recover.
Accordingly, in so far as the learned Lord Chief Justice based his directions to the jury with respect to the multiplier to be applied in assessing future loss on the considerations appropriate in awarding damages for future loss of earnings to a surviving plaintiff in a personal injury case aged 4 5 (the age the plaintiff’s husband would have attained at the date of trial if he had survived) and treated the pre-trial loss as ‘special damage,’ and in so far as the majority of the Court of Appeal approved the directions given on that basis, they erred in law’.

Judges:

Lord Bridge

Citations:

[1983] 1 WLR 808, [1983] NI 22, [1983] 2 All ER 953

Statutes:

Fatal Accidents (Northern Ireland) Order 1977

Jurisdiction:

Northern Ireland

Cited by:

Not FollowedKnauer v Ministry of Justice SC 24-Feb-2016
The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 16 May 2022; Ref: scu.606461

Evans v London and Provincial Bank: 1917

Only nominal damages were awarded by a jury for damage to the plaintiff’s reputation after his bank had wrongly failed to pay on his cheque.

Citations:

(1917) 3 LDAB 152

Cited by:

CitedKpohraror v Woolwich Building Society CA 1996
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.
Lists of cited by and citing cases may be incomplete.

Banking, Damages

Updated: 15 May 2022; Ref: scu.495213

Ratcliffe v Eden et al: KBD 22 Nov 1776

There had been a riot by sailors in Liverpool. The cort was asked whether the victim of a riot could recover compensation not only for the damage to his house but for also the destruction of the furniture and household goods within his house. The hundred argued that the victim could not recover for the furniture and goods as their destruction was a separate and independent act from the damage to the house.
Held: The argument was rejected. The 1714 Act had altered the nature of the offence; rioters were no longer trespassers but felons and were to be hanged. Before the 1714 Act the trespassers would have been liable in damages. Under the Act the inhabitants of the hundred instead were liable in damages and this was an inducement to them to perform their duty of preventing or suppressing riots. As the destruction of the furniture and goods occurred at the same time as the damage to the house, it was part of the demolition of the house just as it would be if the pulling down of the house crushed the furniture.
Lord Mansfield stated: ‘This is the great principle of the law, that the inhabitants shall be in the nature of sureties for one another. It is a very ancient principle; as old as the institution of the decennaries by Alfred, whereby the whole neighbourhood or tithing of freemen were mutual pledges for each other’s good behaviour. The same principle obtains in the Statutes of Hue and Cry. It is the principle here.’ Ashhurst J agreed.
Aston J advocated a liberal interpretation: ‘The object and principle of this Act was, to transfer the damages occasioned by the trespass, from the rioters to the hundred; to make it felony in the offenders themselves, and to put the party injured in the same state as before. It is a remedial law, and ought to be extended.’

Judges:

Lord Mansfield, Aston J. Ashhurst J

Citations:

[1776] EngR 58, (1776) 2 Cowp 485, (1776) 98 ER 1200

Links:

Commonlii

Statutes:

Riot Act 1714

Jurisdiction:

England and Wales

Cited by:

CitedThe 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: 15 May 2022; Ref: scu.373325

Hyde v Cogan And Others: 22 Jun 1781

After the anti-Catholic ‘Gordon Riots’ in London in June 1780, which caused extensive damage and destruction of property, including Lord Mansfield’s house in Bloomsbury Square, damages were claied from the local hundred. The hundred argued that the 1714 Act was penal against both the trespasser and the hundred and ought to be interpreted narrowly.
Held: (Lord Mansfield present but not taking part) It was not penal, but remedial, and was to be interpreted liberally.
Buller J said that, as a result, it should be interpreted liberally.
Willes J, said that the furniture in a London house might be worth twice as much as the house itself, and that a liberal interpretation brought household goods within the scope of the statutory compensation scheme.

Judges:

Willes, Ashhurst and Buller JJ

Citations:

[1781] EngR 69, (1781) 2 Doug 699, (1781) 99 ER 445

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

CitedThe 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: 15 May 2022; Ref: scu.372535

Kpohraror v Woolwich Building Society: CA 10 Jan 1996

The defendants had wrongfully refused payment of the claimant’s cheque for pounds 4,550. The error was realised on the same day, and corrected. The master awarded damages of pounds 5,550 as general damages to the claimant’s credit by reason of the dishonour. It was argued that as the claimant was not in business he could not recover general damages relating to loss of credit. The cheque had been drawn in a business transaction.
Held: It was open to the court to hold that the master had been right to award more than a nominal sum by way of general damages.
Evans LJ stated: ‘It is abundantly clear, in my judgment, that history has changed the social factors which moulded the rule in the nineteenth century. It is not only a tradesman of whom it can be said that the refusal to meet his cheque is ‘so obviously injurious to [his] credit’ that he should ‘recover, without allegation of special damage, reasonable compensation for the injury done to his credit’ (see [1920] AC 102 at 112, [1918-19] All ER Rep 1035 at 1037 per Lord Birkenhead LC). The credit rating of individuals is as important for their personal transactions, including mortgages and hire-purchase as well as banking facilities, as it is for those who are engaged in trade, and it is notorious that central registers are now kept. I would have no hesitation in holding that what is in effect a presumption of some damage arises in every case, in so far as this is a presumption of fact.’ and
‘The contentions for both parties were presented as if in a straitjacket imposed by the strict application of the rule in Hadley v. Baxendale so as to require the separate consideration of each of the two limbs . . I would prefer to hold that the starting point for any application of Hadley v Baxendale is the extent of the shared knowledge of both parties when the contract was made . . When that is established, it may often be the case that the first and second parts of the rule overlap, or at least that it is unnecessary to draw a clear line of demarcation between them.’

Judges:

Evans LJ

Citations:

Gazette 10-Jan-1996, Independent 04-Jan-1996, Times 08-Dec-1995, [1996] 4 All ER 119

Jurisdiction:

England and Wales

Citing:

CitedWilson v United Counties Bank Ltd HL 1920
Bank’s duty to client’s reputation and credit
Major Wilson had left England on active service soon after the beginning of the Great War, leaving his business affairs, in a fairly precarious state, with his bank. The jury found that the bank had failed in its duty to supervise his business . .
Lists of cited by and citing cases may be incomplete.

Damages, Banking

Updated: 15 May 2022; Ref: scu.82834

K A and S B M Feakins Ltd v Dover Harbour Board: QBD 9 Sep 1998

A wrongful decision by a harbour authority not to allow exports of live animals through the port, did not give a right to a private claim for damages, even though it was in breach of a statutory duty.

Citations:

Gazette 23-Sep-1998, Times 09-Sep-1998

Statutes:

Harbours, Docks and Piers Clauses Act 1847 33

Jurisdiction:

England and Wales

Damages, Transport

Updated: 15 May 2022; Ref: scu.82654

Chiemgauer Membran Und Zeltbau Gmbh v New Millenium Experience Company Ltd: ChD 16 Jan 2001

Where one party terminated a contract without cause, damages were to be assessed on the basis of the contract provision allowing that. Certain aspects of causation should be side stepped, as with the law of repudiation. It was not open to the terminating party to seek to reduce the damages it should pay, by arguing that the claimant company, which had fallen into insolvency after the contract was terminated, would have gone into liquidation in any event. Damages were to be assessed on the basis that the contract would have been performed.

Citations:

Times 16-Jan-2001, Gazette 01-Feb-2001

Damages, Contract

Updated: 15 May 2022; Ref: scu.79057

Oswald v Countrywide Surveyors Ltd: 1996

The evidential burden of establishing betterment is on the defendant.

Citations:

(1996) 50 Con LR 1

Cited by:

CitedPegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Lists of cited by and citing cases may be incomplete.

Construction, Damages

Updated: 14 May 2022; Ref: scu.238588

Goulandris Bros v Goldmann and Sons: 1958

An insurance clause ensuring ‘loss or damage in connexion with the goods’ under the Hague Rules for carriage of goods by sea includes economic loss even in the absence of such physical damage.

Judges:

Pearson J

Citations:

[1958] 1 QB 74

Jurisdiction:

England and Wales

Cited by:

CitedPilkington United Kingdom Limited v CGU Insurance Plc QBD 28-Jan-2004
The claimants had installed glass tiles in a roof. They fractured, and facing a claim for damages, they sought payment from their insurers. The claimants argued that the risk of fracture meant that the damage occurred upon installation, the insurers . .
Lists of cited by and citing cases may be incomplete.

Transport, Damages

Updated: 13 May 2022; Ref: scu.198320

In re the Oropesa: CA 1943

Two steam vessels collided. One’s Master sent fifty of his crew in boats to the other ship and about an hour and a half after the collision decided himself to go to that ship and confer with her Master on measures to be taken. He transferred in another lifeboat, which he embarked with sixteen men. The weather was rough and before the lifeboat could reach the other ship it capsized and sank with nine of the occupants drowning. The badly damaged vessel subsequently sank and its owners sued the owners of the other ship. In addition, the parents of one of the deceased sailors joined as plaintiffs. They recovered against the other shipowners. It was argued that the drowning was not caused by the collision and therefore no liability should ensue.
Held: The plea failed: ‘If the master and the deceased in the present case had done something which was outside the exigencies of the emergency, whether from miscalculation or from error, the plaintiffs would be debarred from saying that a new cause had not intervened. The question is not whether there was new negligence, but whether there was a new cause. I think that is what Lord Sumner emphasized in The Paludina. To break the chain of causation it must be shown that there is something which I will call ultroneous, something unwarrantable, a new cause which disturbs the sequence of events, something which can be described as either unreasonable or extraneous or extrinsic.’ They were not prepared to say that in all the circumstances the fact that the deceased’s death was due to his leaving the ship in the lifeboat and its unexpected capsizing prevented it from be a direct consequence of the casualty.

Judges:

Lord Wright

Citations:

[1943] P 32

Jurisdiction:

England and Wales

Cited by:

CitedSouth Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-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 . .
CitedGreen and Another v Alexander Johnson (A Firm) and Another ChD 26-May-2004
The judgment related to the assessment of damages for professional negligence by the defendants. The court deprecated the practice of separating off assessments of damages from the principal claim, since this created a risk of confusion. The . .
Lists of cited by and citing cases may be incomplete.

Damages, Transport

Updated: 13 May 2022; Ref: scu.197925

Cattanach v Melchior: 2003

(Australia) The case arose from negligent advice following an incompletely performed sterilisation operation and one of the issues (the only issue litigated in the High Court) was whether the parents could recover as damages the cost of rearing the child, both parents and child being normal and healthy. The trial judge upheld that claim and her decision was affirmed by a majority of the Court of Appeal of the Supreme Court of Queensland ([2001] QCA 246) and by a bare majority of the High Court.

Judges:

Kirby J

Citations:

[2003] HCA 38

Cited by:

CitedRees v Darlington Memorial Hospital NHS Trust HL 16-Oct-2003
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages.
Held: The House having considered the issue in MacFarlane only . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 12 May 2022; Ref: scu.186891

McConnell v Police Authority for Northern Ireland: 1997

An award of aggravated damages should not be an extra sum over and above the sum which the Tribunal of fact considers appropriate compensation for the injury to the claimants feelings, and that aggravated damages should not be treated as an extra award which reflects a degree of punishment of a respondent for its behaviour. The right course was to arrive at a figure which included whatever sum was thought to be appropriate by way of aggravated damages in order to reflect the sum for injury to feelings.

Judges:

Lord Chief Justice Carswell

Citations:

[1997] IRLR 625

Jurisdiction:

Northern Ireland

Cited by:

CitedD Watt (Shetland) Ltd v Reid EAT 25-Sep-2001
The employer appealed an award of ten thousand pounds including aggravated damages, and other elements after a finding of sex discrimination. They also awarded six hundred pounds in interest. It was asserted that Scots law did not allow for . .
CitedT G Harris v The Post Office (Royal Mail) EAT 25-Feb-2000
EAT Sex Discrimination – Injury to Feelings
The applicant, a homosexual, was humiliated at work by his fellow employees, and management failed to deal with his complaint. He succeeded in his claim for unfair . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 12 May 2022; Ref: scu.182956

Hardman v Amin: QBD 2001

Henriques J said: ‘McFarlane does not affect the law so far as it relates to the wrongful birth of disabled children.’

Judges:

Henriques J

Citations:

[2001] PNLR 11

Jurisdiction:

England and Wales

Citing:

LimitedMacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .

Cited by:

CitedMeadows v Khan QBD 23-Nov-2017
Claim for the additional costs of raising the claimant’s son, A, who suffered from both haemophilia and autism. It is admitted that, but for the defendant’s negligence, A would not have been born because his mother would have discovered during her . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 11 May 2022; Ref: scu.603072

Currie v Wardrop: 1927

The pursuer was walking arm in arm with her fiance when he was hit by a vehicle driven by the defender.
Held: She recovered damages for nervous shock involving apprehension for her own safety and the safety of her fiance, though he was hit and she was not. Miss Currie was not only at the scene, but suffered nervous shock through anxiety for her own safety. It would have been a hopeless task to attempt to work out what proportion of her nervous shock flowed from anxiety for herself, and what for her fiance.

Judges:

Lord Justice Clerk (Lord Alness) and Lord Ormidale

Citations:

1927 SC 538

Cited by:

CitedAlcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
CitedAlcock and Others v Chief Constable of South Yorkshire Police QBD 31-Jul-1990
Overcrowding at a football match lead to the deaths of 95 people. The defendant’s employees had charge of safety at the match, and admitted negligence vis-a-vis those who had died and been injured. The plaintiffs sought damages, some of them for . .
Lists of cited by and citing cases may be incomplete.

Scotland, Damages

Updated: 11 May 2022; Ref: scu.464384

Lunnun v Singh et Al: CA 11 Aug 1999

Where judgment had been entered on liability, the court could still hear any evidence on an issue as to the quantification of damages which did not of itself challenge the basis of the judgment. Findings of liability could not of themselves be conclusive as to the extent of causation.

Citations:

Gazette 11-Aug-1999

Jurisdiction:

England and Wales

Damages

Updated: 10 May 2022; Ref: scu.83243

Carmichael v Caledonian Railway Co: HL 1870

Interest can be demanded only in virtue of a contract express or implied ‘or by virtue of the principal sum of money having been wrongfully withheld, and not paid on the day when it ought to have been paid.’ Interest was due when money was wrongfully withheld and not paid on the day on which it ought to have been paid.

Citations:

(1870) 8 M (HL) 119

Jurisdiction:

Scotland

Citing:

See AlsoCarmichael and Others v Caledonian Railway Co SCS 26-Mar-1867
. .
Appeal fromCaledonian Railway Co v Carmichael and Others SCS 28-Jun-1870
. .

Cited by:

CitedSempra Metals Ltd v Inland Revenue Commissioners and Another HL 18-Jul-2007
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
CitedFarstad Supply As v Enviroco Ltd SCS 14-Sep-2011
(Outer House) The parties had settled a claim for the loss by fire of an oil rig supply vessel. The parties now disputed whether the settlement carries interest under the Act. The parties’ insurers were concerned that the interest rate awarded under . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 10 May 2022; Ref: scu.260125

Amec Developments Limited v Jury’s Hotel Management (UK) Limited: 2001

A hotel had been built so as to encroach across a building line in breach of covenant, allowing the hotel to have 25 more rooms than it would otherwise have enjoyed. The court considered conflicting evidence as to the capital value of the additional rooms.
Held: The court set out in detail its approach to the hypothetical negotiation for a licence to breach the covenant in great detail, including a preference for Amec’s method of arriving at the incremental value of the additional rooms, and awarded andpound;375,000, nearly 20 per cent of the increased value on that view. The correct date for assessing damages is normally the date before the building works in question are started.

Judges:

Anthony Mann QC

Citations:

[2001] EGLR 81

Jurisdiction:

England and Wales

Cited by:

CitedSmall v Oliver and Saunders (Developments) Ltd ChD 25-May-2006
The claimant said his property had the benefit of covenants in a building scheme so as to allow him to object to the building of an additional house on a neighbouring plot in breach of a covenant to build only one house on the plot. Most but not all . .
CitedWWF (World Wide Fund for Nature) and Another v World Wrestling Federation Entertainment Inc CA 2-Apr-2007
The parties had disputed use of the initals WWF, with a compromise reached in 1994 allowing primary use by the Fund with restricted use by the Federation. The Federation now appealed an award of damages made after a finding of a breach of the . .
CitedTamares (Vincent Square) Ltd. v Fairpoint Properties (Vincent Square) Ltd ChD 8-Feb-2007
The defendant had been found liable for infringing the claimant’s right of light. The court considered the proper measure of damages.
Held: The court should ask what might be the fair result of a hypothetical negiation for the sale of the . .
CitedHarris v Williams-Wynne ChD 11-Feb-2005
The parties agreed in sale agreement for a plot of land that the buyer would not erect any additional building. He did so, and when he came to try to sell it the original vendor objected. The purchaser’s solicitors registered the agreement for sale. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Damages

Updated: 10 May 2022; Ref: scu.242395

Fea v Roberts: 2006

Expenditure on matters such as home improvements ‘could not be regarded as a dissipation or true ‘change of position”.

Judges:

Hazel Williamson QC

Citations:

[2006] WTLR 255

Jurisdiction:

England and Wales

Cited by:

CitedLegg and Another v Burton and Others ChD 11-Aug-2017
Testing for Mutual Wills
The parties disputed whether wills were mutual. The claimants challenged the probate granted to a later will of their deceased mother, saying that her earlier will had been mutual and irrevocable after the death of their father.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Damages

Updated: 09 May 2022; Ref: scu.593142

Inntrepreneur Pub Company (CPC) and Another v Sweeney: ChD 27 May 2002

The landlord sought an injunction against the defendant. The defendant countered, relying upon sec 2(1).
Held: The remedy provided by the section was limited to the award of damages. It could not, therefore, be used to defend an action for an injunction. Whilst he might be entitled in equity to repudiate the lease, he could not repudiate only part of the lease. The landlord might e criticised for its earlier conduct of the case, but rule 44 was concerned with the behaviour of the parties in conducting the litigation itself, and the rule could not be used to overturn the costs consequences because of misbehaviour outside the litigation.

Judges:

Mr Justice Park

Citations:

Times 26-Jun-2002, Gazette 27-Jun-2002

Statutes:

Misrepresentation Act 1967 2(1), Civil Procedure Rules 44.3(4)(a)

Jurisdiction:

England and Wales

Damages, Torts – Other, Equity, Costs

Updated: 08 May 2022; Ref: scu.174083

Dingle v Hare: 15 Nov 1859

In an action for a breach of warranty on the sale of goods which the buyer has sold again.
Held: The proper measure of damages was the difference between the real market value at the time of the sale and the contract price. Quaere, whether the buyer might not have been entitled to recover a sum fairly and reasonably paid by him as compensation to a third person to whom he had upon the faith of the defendant’s warranty sold a portion of the goods?

Citations:

[1859] EngR 977, (1859) 7 CB NS 145, (1859) 144 ER 770

Links:

Commonlii

Jurisdiction:

England and Wales

Contract, Damages

Updated: 07 May 2022; Ref: scu.288329

Brown v Superior Court: 1988

(Supreme Court of California) The court considered the ‘market share doctrine’ for apportioning liability between tortfeasors: ‘In creating the market share doctrine, this court attempted to fashion a remedy for persons injured by a drug taken by their mothers a generation ago, making identification of the manufacturer impossible in many cases. We realised that in order to provide relief for an injured DES daughter faced with this dilemma, we would have to allow recovery of damages against some defendants which may not have manufactured the drug that caused the damage. . . Each defendant would be held liable for the proportion of the judgment represented by its market share, and its overall liability for injuries caused by DES would approximate the injuries caused by the DES it manufactured. A DES manufacturer found liable under this approach would not be held responsible for injuries caused by another producer of the drug. The opinion acknowledged that only an approximation of a manufacturer’s liability could be achieved by this procedure, but underlying our holding was a recognition that such a result was preferable to denying recover altogether to plaintiffs injured by DES.
It is apparent that the imposition of joint liability on defendants in a market share action would be inconsistent with this rationale. Any defendant could be held responsible for the entire judgment even though its market share may have been comparatively insignificant. Liability would in the first instance be measured not by the likelihood of responsibility for the plaintiff’s injuries but by the financial ability of a defendant to undertake payment of the entire judgment or a large portion of it.’

Citations:

(1988) 751 P 2d 470

Jurisdiction:

England and Wales

Cited by:

CitedBarker v Corus (UK) Plc HL 3-May-2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the . .
Lists of cited by and citing cases may be incomplete.

International, Damages

Updated: 07 May 2022; Ref: scu.241494

General Electric Co v General Electric Co Limited; GE TM; Re GE Trade Mark: CA 1970

Citations:

[1970] RPC 339

Jurisdiction:

England and Wales

Citing:

Appeal fromGeneral Electric Co v General Electric Co Ltd ChD 1969
A form of co-branding was held to be non-deceptive. Grahame J said: ‘The registered use provisions are permissive only and not a compulsory prerequisite for retention of validity of the mark and that, provided the conditions of control are adequate, . .

Cited by:

CitedPegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Appeal fromGeneral Electric Co v General Electric Co Ltd; GE TM; Re GE Trade Mark HL 1972
Lord Diplock said: ‘The common law of trade marks before 1875
The use by manufacturers of distinctive marks upon goods which they had made is of very ancient origin, but legal recognition of trade marks as a species of incorporeal property was . .
Lists of cited by and citing cases may be incomplete.

Damages, Intellectual Property

Updated: 07 May 2022; Ref: scu.238585

Cedars Rapids Manufacturing and Power Co v Lacoste: PC 1914

Land at the St Lawrence river was to be valued for a compulsory purchase.
Held: Value does not mean the value of ‘the realized undertaking as it exists in the hands of the undertaker’. It means the price which possible undertakers would give. This should be tested by the imaginary market which would have ruled if the land had been exposed for sale ‘before any undertakers had secured the powers, or acquired the other subjects which made the undertaking as a whole a realized possibility’, and ‘For the present purpose it may be sufficient to state two brief propositions: (1) The value to be paid for is the value to the owner as it existed at the date of the taking, not the value to the taker. (2) The value to the owner consists in all advantages which the land possesses, present or future, but it is the present value alone of such advantages that falls to be determined. Where, therefore, the element of value over and above the bare value of the ground itself (commonly spoken of as the agricultural value) consists in adaptability for a certain undertaking . . . the value . . . is merely the price, enhanced above the bare value of the ground which possible intended undertakers would give. That price must be tested by the imaginary market which would have ruled had the land been exposed for sale before any undertakers had secured the powers, or acquired the other subjects which made the undertaking as a whole a realised possibility.’

Judges:

Lord Dunedin

Citations:

[1914] AC 569

Jurisdiction:

England and Wales

Citing:

AdoptedIn re Lucas and Chesterfield Gas and Water Board CA 1909
Land suitable for construction of a reservoir was the subject of a compulsory purchase for that purpose. The circumstances made it very unlikely that anyone other than the Water Board would have wanted, or been able, to construct the reservoir and . .

Cited by:

CitedWaters and others v Welsh Development Agency HL 29-Apr-2004
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this . .
CitedFraser v City of Fraserville PC 1917
One ground on which the arbitrators’ valuation award on a compulsory purchase, was set aside was that, in valuing the falls of a river and adjacent land acquired for electricity generation purposes, the arbitrators had taken into account the . .
Lists of cited by and citing cases may be incomplete.

Land, Damages

Updated: 06 May 2022; Ref: scu.196512

Blackwell v GEC Elliott Processes: 1976

Citations:

[1976] IRLR 144

Jurisdiction:

England and Wales

Citing:

AppliedNorton Tool Co Ltd v Tewson NIRC 30-Oct-1972
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages.
Held: The common law rules and authorities on wrongful . .

Cited by:

CitedBurlo v Langley and Carter CA 21-Dec-2006
The claimant had been employed by the defendants as a nanny. She threatened to leave, but then was injured in a car acident and given a sick note. The employer immediately engaged someone else. She was found to have been unfairly dismissed. The . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 05 May 2022; Ref: scu.270013

The Llanover: 1947

The lost vessel for which the claim was made, was under charter, to the British government in wartime. The war conditions had driven up the need for shipping, and with it the market value of ships.
Held: The owner was not awarded damages more than such profit as the vessel would have made if the voyage on which it was engaged at the time of its loss had been completed.
Pilcher J said: ‘in March, 1942, any British shipowner selling or buying a British ship would do so with the knowledge that his ship would, so long as she was kept efficient, be assured of profitable engagement probably at rates laid down by the Ministry of War Transport. If this were so, it seemed to follow that any enhanced value due to the virtual certainty of profitable employment was already reflected in the prices realized by the sales of comparable ships and was therefore already included in the sum allowed by the assistant registrar’ as the going concern value of the vessel.

Judges:

Pilcher J

Citations:

[1947] P 80

Jurisdiction:

England and Wales

Cited by:

Appeal fromThe Llanover CA 1948
Bucknill LJ said: ‘On the undisputed evidence as to the circumstances leading up to the collision, it seems to me that a prima facie case of negligence is made out against the ‘Llanover’ which she has failed to rebut. Her rebuttal rests on her . .
Lists of cited by and citing cases may be incomplete.

Transport, Damages

Updated: 04 May 2022; Ref: scu.581029

The Llanover: CA 1948

Bucknill LJ said: ‘On the undisputed evidence as to the circumstances leading up to the collision, it seems to me that a prima facie case of negligence is made out against the ‘Llanover’ which she has failed to rebut. Her rebuttal rests on her evidence that her steering gear jammed, which made it impossible for her to keep out of the way. It is not sufficient for a ship to say: ‘My steering gear has jammed and therefore I can do nothing.’ I think the burden is cast on her of showing that the jamming could not have been avoided by the exercise of reasonable care and skill on her part, or at least that she used all reasonable care and skill to prevent the jamming of the gear, and that it might reasonably have jammed for a cause which they could not have prevented by the exercise of reasonable care and skill.’

Judges:

Bucknill LJ

Citations:

[1948] 79 Lloyds LLR 159

Jurisdiction:

England and Wales

Citing:

Appeal fromThe Llanover 1947
The lost vessel for which the claim was made, was under charter, to the British government in wartime. The war conditions had driven up the need for shipping, and with it the market value of ships.
Held: The owner was not awarded damages more . .
Lists of cited by and citing cases may be incomplete.

Transport, Damages

Updated: 04 May 2022; Ref: scu.581030

Minscombe Properties Ltd v Sir Alfred McAlpine and Sons Ltd: CA 1986

O’Connor LJ applied the test of reasonableness in determining whether the cost of reinstatement of land to its contracted for condition should be recoverable as damages.

Judges:

O’Connor LJ

Citations:

(1986) 2 Const LJ 303

Jurisdiction:

England and Wales

Cited by:

CitedRuxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Lists of cited by and citing cases may be incomplete.

Construction, Damages

Updated: 04 May 2022; Ref: scu.526100

Boots The Chemist Ltd v G A Estates Ltd: 1992

It is the general practice of the Court of Session to award interest due under the 1958 Act at the rate of 8%.

Citations:

1992 SC 485

Statutes:

Damages (Scotland) Act 1958 1

Jurisdiction:

Scotland

Cited by:

CitedFarstad Supply As v Enviroco Ltd SCS 14-Sep-2011
(Outer House) The parties had settled a claim for the loss by fire of an oil rig supply vessel. The parties now disputed whether the settlement carries interest under the Act. The parties’ insurers were concerned that the interest rate awarded under . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 04 May 2022; Ref: scu.444292

Ter Neuzen v Korn: 19 Oct 1995

CANLII (Supreme Court of Canada) The plaintiff underwent AI treatment by the defendant, during the course of which she contracted HIV-AIDS. She claimed in negligence and contract.
Held: A court must consider whether a common law warranty of fitness and merchantability should be implied into the contract which includes services as well as the provision of materials. However, such a warranty will not be implied in all circumstances. The court must examine the specific nature of the contract and the relationship between the parties in order to assess whether it was the intention of the parties that such a warranty be implied. Courts must be very cautious in their approach to implying contractual terms. A rationale for implying warranties in contracts of goods and services is that a supplier of goods generally has recourse against the manufacturer under the Sale of Goods Act as a result of the statutory conditions imposed. While it is true that the primary purpose of the implied warranty is to hold the supplier of goods liable notwithstanding the absence of negligence, different considerations apply in the context of the medical profession than in the ordinary commercial context. The doctor cannot trace the liability back to the initial manufacturer. Moreover, it must be recognized that biological products such as blood and semen, unlike manufactured products, carry certain inherent risks. It would be inappropriate to imply a warranty of fitness and merchantability in the circumstances of this case. Moreover, any warranty would simply be to take reasonable care.

Judges:

La Forest, L’Heureux-Dube, Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ

Citations:

[1995] 3 SCR 674

Links:

Canlii

Jurisdiction:

Canada

Commonwealth, Contract, Negligence, Damages

Updated: 02 May 2022; Ref: scu.402550

Regina (Adams) v Secretary of State for Justice: Admn 2009

Citations:

[2009] EWHC 156 (Admin)

Jurisdiction:

England and Wales

Cited by:

Appeal fromAdams, Regina (on The Application of) v Secretary of State for Justice CA 27-Nov-2009
The claimant sought compensation for his imprisonment after the overturning of his conviction, on the basis that evidence had emerged which undermined the conviction.
Held: Such a claim could not succeed where the reason for the non-use of the . .
At First InstanceAdams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 02 May 2022; Ref: scu.383784

Wallace v United Grain Growers Ltd: 30 Oct 1997

SCC (Supreme Court of Canada) Bankruptcy – Property of bankrupt – Salary, wages or other remuneration – Undischarged bankrupt bringing action for wrongful dismissal – Whether damages for wrongful dismissal included in ‘salary, wages or other remuneration’ – Bankruptcy Act, R.S.C., 1985, c. B 3, s. 68(1).
Civil procedure – Wrongful dismissal – Undischarged bankrupt seeking damages for wrongful dismissal – Whether undischarged bankrupt can bring action for wrongful dismissal in his own name.
Employment law – Wrongful dismissal – Employee summarily discharged seeking damages for wrongful dismissal – Trial judge awarding employee damages based on 24 month notice period and aggravated damages – Whether Court of Appeal erred in reducing reasonable notice period to 15 months – Whether Court of Appeal erred in overturning aggravated damages award – Whether action can be brought for ‘bad faith discharge’ – Whether employee entitled to punitive damages.

Judges:

Lamer CJ and La Forest, L’Heureux-Dube, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ

Citations:

[1997] 3 SCR 701, [1997] 152 DLR (4th) 1, 219 NR 161

Links:

Canlii short, Canlii

Jurisdiction:

Canada

Cited by:

CitedGAB Robins (UK) Ltd v Triggs CA 30-Jan-2008
The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach.
Held: Where a claimant’s losses arose before . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Employment, Damages

Updated: 02 May 2022; Ref: scu.375114

Rodger v Comptior d’Escompte de Paris: 1871

Where restitution followed the reversal on appeal of a previously satisfied judgment, common law interest was awarded.

Citations:

(1871) LR 3 PC 465

Jurisdiction:

England and Wales

Cited by:

CitedSempra Metals Ltd v Inland Revenue Commissioners and Another HL 18-Jul-2007
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 01 May 2022; Ref: scu.260129

Jason v Batten (1930) Ltd: 1969

The plaintiff suffered a coronary thrombosis partly as the result of an accident caused by the defendant’s negligence and partly as a result of a pre-existing medical condition. He was a market trader, the one man in a one-man business, a limited company. But he did not have the beneficial ownership of all the shares in that company. Fifty per cent of those shares were held in trust for his children. ‘The form in which he took the profits was by way of director’s fees which were voted to him annually, but the amount so voted was decided by him, in consultation with his accountant, and was quite properly influenced by tax considerations’
Held: The true measure of his loss was the reduction in the net profit of the company caused by his injuries, and was not restricted to 50% of those profits. The insured

Judges:

Fisher J

Citations:

[1969] 1 Lloyds Rep 281

Jurisdiction:

England and Wales

Cited by:

CitedBlackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc, Eagle Star Insurance Company Ltd, AGF Insurance Ltd IC Insurance Ltd ComC 15-Nov-2004
The claimant football club insured its players through the defendants. A footballer injured himself in training and his career was finished. The insurers rejected the claim, and relied upon exception clauses, saying that the true cause was a . .
Lists of cited by and citing cases may be incomplete.

Insurance, Damages

Updated: 30 April 2022; Ref: scu.219698

Davidson v Upper Clyde Shipbuilders: 1990

The pursuer could make no claim for loss of pension rights for the period after which she would have become entitled to a widow’s pension in her own right after her husband’s death.

Judges:

Lord Milligan

Citations:

1990 SLT 329

Jurisdiction:

Scotland

Cited by:

CitedCantwell v Criminal Injuries Compensation Board HL 5-Jul-2001
When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 30 April 2022; Ref: scu.219834

Weld-Blundell v Stephens: HL 1920

The plaintiff had been successfully sued for a libel contained in a document which he had supplied to his accountant.
Held: He could not recover the damages he had had to pay to the defamed party from his accountant, who had negligently left the document about so that it came to the former’s attention.
Lord Sumner said: ‘In general, even though A is in fault, he is not responsible for injury to C which B, a stranger to him, deliberately chooses to do. Though A may have given the occasion for B’s mischievous activity, B then becomes a new and independent cause.’

Judges:

Lord Sumner

Citations:

[1920] AC 956

Jurisdiction:

England and Wales

Citing:

Appeal fromWeld-Blundell v Stephens CA 1919
The exception to the obligation not to disclose confidential information is limited to the proposed or contemplated commission of a crime or a civil wrong. . .

Cited by:

CitedStansbiev Troman CA 1948
A decorator working alone in a house went out to buy wallpaper and left the front door unlocked. He was held liable for the loss caused by a thief who entered while he was away. For the purpose of attributing liability to the thief (e.g. in a . .
CitedEmpress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
CitedLes Laboratoires Servier and Another v Apotex Inc and Others SC 29-Oct-2014
Ex turpi causa explained
The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 29 April 2022; Ref: scu.190105

Merlin v British Nuclear Fuels plc: 1990

The plaintiffs claimed that their house had been damaged by radioactive material that had been discharged into the Irish Sea from Sellafield which had subsequently become deposited in their house as dust.
Held: The l965 Act required them to established that there had been damage to property, meaning tangible property. He went on to reject the plaintiffs’ claim that the house included the air space within the walls, ceilings and floors and that it had been damaged by the presence of radioactive material which had resulted in the house being rendered less valuable. All that had happened was that the house had been contaminated and that did not amount to damage to property which was the type of damage for which the Act provided compensation. The fact that the house was less valuable was the economic result of the presence of radioactive material, not the result of damage to the house from the radioactive properties of the material.

Judges:

Gatehouse J

Citations:

[1990] 2 QB 557, [1991] CLY 2662, [1990] 3 WLR 383

Statutes:

Nuclear Installations Act 1965 7 8 9 10 11 12

Jurisdiction:

England and Wales

Cited by:

CitedTransco plc v Stockport Metropolitan Borough Council HL 19-Nov-2003
Rylands does not apply to Statutory Works
The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture.
Held: The rule in Rylands v Fletcher . .
Lists of cited by and citing cases may be incomplete.

Damages, Utilities

Updated: 29 April 2022; Ref: scu.188045

Emeh v Kensington and Chelsea and Westminster Area Health Authority: CA 1 Jul 1984

A sterilisation operation had been performed negligently and failed and the claimant was born.
Held: The birth of a child with congenital abnormalities was a foreseeable consequence of the surgeon’s careless failure to clip a fallopian tube effectively. The authority could not expect her to terminate the pregnancy. The mother was entitled to recover damages, including damages for her future loss of earnings, following the birth of a child with congenital abnormalities who required constant medical and parental supervision.
Waller LJ said: ‘In my view it is trite to say that if a woman becomes pregnant, it is certainly foreseeable that she will have a baby, but in my judgment, having regard to the fact that in a proportion of all births – between one in 200 and one in 400 were the figures given at the trial – congenital abnormalities might arise, makes the risk clearly one that is foreseeable, as the law of negligence understands it.’
On a claim in contract the court held that there was no rule of public policy which precluded recovery of damages for pain and suffering and for maintaining the child. The court took a multiplier of 8 for a child 5 years old at the time of the appeal. The total award in respect of pain, suffering and loss of amenities was andpound;13,000.

Judges:

Waller LJ

Citations:

[1985] 1 QB 1012, [1984] 3 All ER 1044

Jurisdiction:

England and Wales

Citing:

DoubtedUdale v Bloomsbury Area Health Authority QBD 1983
The plaintiff underwent a sterilisation operation. The operation was painful and she later became pregnant. She sought damages for the pain and suffering and the additional costs of caring for the new child.
Held: Public policy held fast . .
ApprovedThake v Maurice CA 1986
A vasectomy was performed. The husband was told that contraception precautions were not necessary but a child was born. The claim was brought in contract and in tort. The first instance court found no reason why public policy prevented the recovery . .
AppliedMekew v Holland and Hannen and Cubitts (Scotland) 1970
. .

Cited by:

CitedMacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
CitedSpencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) CA 21-Dec-2009
The claimant suffered injury for which he sought compensation from his employers. He later had to have his leg amputated as a consequence, but then through his own inadvertence suffered further injury to his other leg and a complete loss of . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract, Professional Negligence

Updated: 29 April 2022; Ref: scu.183007

Eastgate Group Ltd v Lindsey Morden Group Inc, and Smith and Williamson (a Firm): CA 10 Oct 2001

The defendant faced a claim for breach of warranties given by vendors in a company share sale agreement. The sought a contribution from the purchasers accountants who had prepared figures upon which the purchase decision was based. The defendants’ liability was strictly in contract, but the contribution they sought arose in negligence. The Act formulated the liability widely. However the damage arising from one claim, was not the same as the other, and no mutual discharge would apply. The request had been refused, and the defendant appealed.
Held: The judge had erred in holding that there would be no mutual discharge, and therefore the claim was capable of being subject to a claim for contribution. The fact that different sums might be payable did not mean that the claims were different. It was not correct to try to judge the issue of whether it would be just and equitable to make an order at an interlocutory stage.

Judges:

Potter LJ and Longmore LJ

Citations:

Gazette 08-Nov-2001, [2001] EWCA Civ 1446, [2002] 1 WLR 642

Statutes:

Civil Liability (Contributions) Act 1978

Jurisdiction:

England and Wales

Citing:

CitedThe Carnival 1994
. .
CitedFriends’ Provident Life Office v Hillier, Parker May and Rowden CA 1997
Friends Provident had participated in a development project on terms which required it to pay its share of the development costs as it proceeded. It employed Hillier Parker, a firm of surveyors, to check demands made from time to time for payment of . .
CitedHowkins and Harrison (A Firm) v Tyler and Another CA 3-Aug-2000
Having paid out andpound;400,000 to a lender as damages for a negligent survey valuation after default in repayments by the defendant, the claimant also sought to recover the payment from the defendant under the Act. The application to stay the . .

Cited by:

CitedCharter Plc and Another v City Index Ltd and others ChD 12-Oct-2006
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. . .
Lists of cited by and citing cases may be incomplete.

Company, Professional Negligence, Damages

Updated: 28 April 2022; Ref: scu.166542

Bordin v St Mary’s NHS Trust: QBD 2000

The claimant’s mother had died as a result of the negligence of the respondent.
Held: The calculation of past and future dependancy should refer to the care whether paid or unpaid actually provide or expected to be provided by the deceased. What would be the cost of replacing the mother’s care. Authority suggested the cost of employing a nanny even if one had not in fact been employed, but the court must be careful not to over compensate. Travel costs either for a nanny or for travel to and from the nanny were properly included if reasonable.

Judges:

Crane J

Citations:

[2000] Lloyd’s Rep Med 287)

Statutes:

Fatal Accidents Act 1976

Jurisdiction:

England and Wales

Citing:

ConsideredHay v Hughes CA 17-Oct-1974
A couple had died in a road accident. The court considered the award of damages for dependency. . .
CitedSpittle v Bunney CA 1988
The plaintiff made a claim in damages for the loss of her mother’s services.
Held: In assessing a FAA claim on behalf of a child a judge, directing himself as he would a jury, was, in valuing the mothers services to take into account the . .
ConsideredStanley v Saddique 1991
. .

Cited by:

DisapprovedATH and another (Executors of the Estate of M, decd) v MS CA 11-Jun-2002
The claimants were the children of the deceased, seeking damages following the death of their mother. At the time of the death they were not living with their father but moved to live with him after the death. They claimed damages for the services . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 28 April 2022; Ref: scu.180977

Rolls Royce Ltd and another v Heavylift-Volga Dnepr Ltd and another: QBD 26 Apr 2000

There is no effective difference between the words ‘aerodrome’ and ‘airport’. One is merely an old-fashioned version of the other. Where goods were damaged when the carriers storage agents sought to lift them. By that time, the carriage of the goods by air had begun, and the Warsaw convention applied with the effect of limiting the damages to be awarded.

Citations:

Gazette 28-Apr-2000, Times 26-Apr-2000

Statutes:

Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929

Jurisdiction:

England and Wales

Transport, Damages

Updated: 28 April 2022; Ref: scu.88850

United Australia Ltd v Barclays Bank Ltd: HL 1940

A person whose goods were wrongfully converted by another had a choice of two remedies against the wrongdoer. He could recover damages, in respect of the loss he had sustained by the conversion, or he could recover the proceeds of the conversion obtained by the defendant. It is necessary to distinguish election between remedies from election between rights. The House could hear ‘ghosts clanking their mediaeval chains.’

Judges:

Lord Romer, Lord Atkin

Citations:

[1940] 4 All ER 20, [1941] AC 1

Jurisdiction:

England and Wales

Cited by:

CitedOliver Ashworth (Holdings) Limited v Ballard (Kent) Limited CA 18-Mar-1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break . .
CitedRegina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal Admn 25-Mar-2004
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act.
Held: The right to have a judicial review could only be . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 27 April 2022; Ref: scu.180889

Lever v Goodwin: CA 1887

In trade mark and patent cases the plaintiff was entitled, if he succeeded in getting an injunction, to take either of two forms of relief: he might claim from the defendant either the damage he had sustained from the defendant’s wrongful act or the profit made by the defendant from the defendant’s wrongful act.
Chitty J described a class of case where relief was approriate in a passing off case: ‘In the second class of cases which I am considering, the trade is not deceived. I am speaking from my large experience in these matters. The retail buyers know from whom they are buying, and, if there is anything like a fraudulent device, such as I am referring to, they are not taken in, they are not deceived. But what is done by the manufacturer is this – he puts an instrument of fraud into their hands. It has been said more than once in this case, in substance, that the manufacturer ought not to be held liable for the fraud of the ultimate seller, that is, the shop-keeper, or the shop-keeper’s assistant. But that is not the right view of the case. Have the Defendants in this case, or not, knowingly put into the hands of the shopman, who is more or less scrupulous or unscrupulous, the means of deceiving the ultimate purchaser? That is the question which I have to try, and that is a question of fact, and nothing else.’

Judges:

Cotton LJ, Chitty J

Citations:

(1887) 36 Ch D 1, (1887) 4 RPC 492

Jurisdiction:

England and Wales

Citing:

FollowedEdelsten v Edelsten ChD 28-Jan-1863
The plaintiff sought an injunction and damages for infringement by the defendant of his trade mark.
Held: The infringement was innocent. The plaintiff was entitled to an injunction, but for damages only after the defendant had become aware of . .

Cited by:

CitedHM Attorney General v Blake (Jonathan Cape Ltd third Party intervening) HL 3-Aug-2000
Restitutionary Claim against Pofits from Breach
The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not . .
CitedBritish Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others CA 23-Jul-1998
Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 27 April 2022; Ref: scu.180888

Penarth Dock Engineering Co Ltd v Pounds: 1963

The court considered the level of damages to be awarded for misuse of property (failing to remove a floating dock) which the owner would not have used. The sum was the reasonable cost of hire.

Citations:

[1963] 1 LlR 359

Jurisdiction:

England and Wales

Cited by:

CitedExperience Hendrix LLC v PPX Enterprises Inc and Another CA 20-Mar-2003
The claimant had obtained an interim injunction against the defendant for copyright infringement, though it could show no losses. It now sought additionally damages. The defendant argued that it could not have both.
Held: The case arose form . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 27 April 2022; Ref: scu.180880

Glen and Other v Korean Airlines Company Ltd: QBD 28 Mar 2003

The claimant sought damages for personal injuries under the Act. The injuries were psychiatric, being suffered when they witnessed a crash from the ground.
Held: Psychiatric injury is a recognised form of personal injury, and no statute excluded such claims, and nor was there any reason why they should be excluded from the statute. The law had changed since the earlier statute. However the normal requirements as to foreseeability and remoteness applied.

Judges:

Simon J

Citations:

Times 18-Apr-2003

Statutes:

Civil Aviation Act 1982 76(2), Air Navigation Act 1920

Jurisdiction:

England and Wales

Citing:

CitedKing v Bristow Helicopters Ltd; Morris v KLM Royal Dutch Airlines HL 28-Feb-2002
Psychiatric Injury under Warsaw Convention
The applicants were passengers who claimed damages for psychiatric injury, after accidents in aircraft.
Held: The Convention created strict liability on air carriers, but explicitly restricted damages to be payable for ‘bodily injury’. That . .
CitedWhite, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998
No damages for Psychiatric Harm Alone
The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.
Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury, Transport

Updated: 27 April 2022; Ref: scu.180853

Stroms Bruks Aktie Bolag and Others v J and P Hutchison: HL 4 Aug 1905

A charter-party contained a clause, ‘penalty for non-performance of this agreement, estimated amount of freight on quantity not shipped in accordance herewith.’ The shipowner failed to send a ship for one of the shipments stipulated for. Held (aff judgment of the First Division) that the shipowner was not deprived of his right to have an award of damages commensurate with the loss sustained.
Manufacturers of wood pulp in Sweden contracted by charter-party with shipowners for the carriage of a quantity of wood pulp ‘in August-September’ (owners’ option), the vessel being entitled after loading to call at other ports, to Cardiff. They also sold the same quantity of wood pulp to vendees, manufacturers at Cardiff, ‘mode and place of delivery,’ ‘c.i.f. Penarth Dock, Cardiff,’ ‘time of delivery’ ‘August-September.’ The shipowners having failed to supply a ship, the vendees purchased at home the quantity of wood pulp and received from the charterers, as damages for breach of the contract of sale, the difference between the cost of so doing and the contract price. The charterers then sought to recover from the shipowners, who admitted the breach of their contract, but defended on the ground that the charterers were suing for special damages to which they were not entitled, inasmuch as the two contracts did not coincide, and had not in their summons sued for general damages.
Held (rev. the judgment of the First Division) that the charterers were entitled to recover, inasmuch as the ‘proper measure of the damages was the cost of replacing the goods at their place of destination at the time when they ought to have arrived, less the value of the goods in Sweden and the amount of the freight and insurance,’ and the purchases by the vendees was proof of such cost.
Opinion per curiam that there is no difference between the law of Scotland and the law of England as to the measure of damages in such circumstances. Dunlop v. Higgins (1848), 1 H.L.C. 381, adversely commented on.

Citations:

[1905] UKHL 844, 42 SLR 844

Links:

Bailii

Jurisdiction:

Scotland

Contract, Damages

Updated: 26 April 2022; Ref: scu.621189