Compensations in UK Law

Leading Cases
  • Davies v Powell Duffryn Associated Collieries (No. 2)
    • House of Lords
    • 27 April 1942

    In effect the Court, before it interferes with an award of damages, should be satisfied that the Judge has acted upon a wrong principle of law, or has misapprehended the facts, or has for these or other reasons made a wholly erroneous estimate of the damage suffered. It is not enough that there is a balance of opinion or preference. The scale must go down heavily against the figure attacked if the Appellate Court is to interfere, whether on the ground of excess or insufficiency.

  • Harbutt's ‘Plasticine’Harbutt's Ltd v Wayne Tank and Pump Company Ltd
    • Court of Appeal (Civil Division)
    • 05 December 1969

    Nor do I accept that the plaintiffs must give credit under the heading of "betterments for the fact that their new factory is modern in design and materials. To do so would be the equivalent of forcing the plaintiffs to invest their money in the modernising of their plant which might be highly inconvenient for then.

  • Harding v Wealands
    • House of Lords
    • 05 July 2006

    The identification of actionable damage is an integral part of the rules which determine liability. As I have previously had occasion to say, it makes no sense simply to say that someone is liable in tort. He must be liable for something and the rules which determine what he is liable for are inseparable from the rules which determine the conduct which gives rise to liability.

  • Philips v Ward
    • Court of Appeal
    • 21 March 1956

    We were referred to the cases where a house is damaged or destroyed by the fault of a tortfeasor. If the injured person reasonably goes to the expense of repairing the house, the tortfeasor may well be bound to pay the cost of repair, less an allowance because new work takes the place of old: see Lukin v. Godsell, Peake's Additional Cases, 15; Hide v. Thornborough (1846) 2 Carrington & Kirwan, 250.

  • Waters and Others v Welsh Development Agency
    • House of Lords
    • 29 April 2004

    Parliament cannot have intended that the acquiring authority should pay as compensation a larger amount than the owner could reasonably have obtained for his land in the absence of the power. For the same reason there should also be disregarded the 'special want' of an acquiring authority for a particular site which arises from the authority having been authorised to acquire it.

  • Harvey v Crawley Development Corporation
    • Court of Appeal
    • 24 January 1957

    I agree. It seems to me that the authorities to which our attention was drawn do establish that any loss sustained by a dispossessed owner (at all events one who occupies his house) which flows from a compulsory acquisition may properly be regarded as the subject of compensation for disturbance, provided, first, that it is not too remote and, secondly, that it is the natural and reasonable consequence of the dispossession of the owner.

  • Ruxley Electronics and Construction Ltd v Forsyth
    • House of Lords
    • 29 June 1995

    Is there any reason why the court should not award by way of damages for breach of contract some modest sum, not based on difference in value, but solely to compensate the buyer for his disappointed expectations? I do not give a final answer to that question in the present case. But it may be that it would have afforded an alternative ground for justifying the judge's award of damages.

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Legislation
  • Naval Compensations, etc. Act 1813
    • UK Non-devolved
    • January 01, 1813
  • Metropolitan Police Staff (Superannuation) Act 1875
    • UK Non-devolved
    • January 01, 1875
    ... ... the grant to the officers of the staff of the Metropolitan Police mentioned in the Schedule to this Act of superannuation allowances, compensations, gratuities, or other allowances, on the like principles and conditions as are in force at the passing of this Act with respect to persons in the ... ...
  • Public Salaries, etc. Act 1810
    • UK Non-devolved
    • January 01, 1810
    ... ... thereof, and distinguishing in such Account every Increase and Diminution in the Account of all Allowances ... or Compensations granted or allowed as retired Allowances or Superannuations to any Person or Persons ... having held any Office, Place or Employment in any such ... ...
  • Offices in Court of Chancery, etc. Act 1835
    • UK Non-devolved
    • January 01, 1835
    ... ... as aforesaid, for any Loss which they have and will respectively sustain by reason ... of the Abolition of such Fines; and all such Compensations, whether annual or in gross, shall be ... issued anti paid and payable out of and charged and chargeable upon the Consolidated Fund of the ... United ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • UK Regulator Issues Consultation Paper on Risk-Based Levies for the Financial Services Compensation Scheme Deposit Class
    • JD Supra United Kingdom
    The Prudential Regulation Authority published a consultation paper proposing amendments to the Depositor Protection Part of the PRA Rulebook and a new Statement of Policy in relation to the Financi...
    ... ... the consultation paper, the methodology for calculating risk-based levies and their application to the repayment of current and future compensations costs incurred by the FSCS. The methodology uses different calculations depending on the category of firm: Capital Requirements Regulated firm, ... ...
  • UK Regulator Issues Consultation Paper On Risk-Based Levies For The Financial Services Compensation Scheme Deposit Class
    • Mondaq UK
    ... ... the consultation paper, the methodology for calculating risk-based levies and their application to the repayment of current and future compensations costs incurred by the FSCS. The methodology uses different calculations depending on the category of firm: Capital Requirements Regulated firm, ... ...
  • Coronavirus/COVID-19 And Construction Contracts
    • Mondaq UK
    ... ... in the form required by the Contract, using the correct method of delivery, or given after the deadline may result in not only any compensations/loss and expense not being payable, but amount to a justifiable reason to refuse to grant an extension of time. This in turn can result in liquidated ... ...
  • HR Law Focus Newsletter 11 July 2013: Dismissals Update
    • Mondaq United Kingdom
    ... ... into after the end of the employment contract) will be subject to social security payments (with a few exceptions such as the specific compensations for closure and for collective dismissal.). The opinion of the NLC on the draft Royal Decree was divided, but it can nevertheless be expected that ... ...
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