Compensations in UK Law

Leading Cases
  • Davies v Powell Duffryn Associated Collieries (No. 2)
    • House of Lords
    • 27 Abr 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
    • 05 Dic 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.

  • Philips v Ward
    • Court of Appeal
    • 21 Mar 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.

  • John Hudson & Company, Ltd v Kirkness (HM Inspector of Taxes)
    • Court of Appeal
    • 02 Dic 1953

    What would anyone accustomed to the use of the words "sale" or "sold" answer? It may be defined to be a transfer of the absolute or general property in a thing for a price in money. Hence it follows that, to constitute a valid sale, there must be a concurrence of thefollowing elements, viz: (1) Parties competent to contract; (2) mutual assent; (3) a thing, the absolute or general property in which is transferred from the seller to the buyer; and (4) a price in money paid or promised."

  • Waters and Others v Welsh Development Agency
    • House of Lords
    • 29 Abr 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.

  • Ruxley Electronics and Construction Ltd v Forsyth
    • House of Lords
    • 29 Jun 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.

  • Investors Compensation Scheme Ltd v West Bromwich Building Society
    • House of Lords
    • 19 Jun 1997,19 Jun 1997

    (1) Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract.

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Legislation
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
    • Shearman & Sterling LLP
    • 9 de Marzo de 2016
    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
    • 6 de Abril de 2016
    ...... 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
    • 6 de Abril de 2020
    ...... 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
    • 24 de Julio de 2013
    ...... 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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