Compensations in UK Law
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Davies v Powell Duffryn Associated Collieries (No. 2)
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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.
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Harbutt's ‘Plasticine’Harbutt's Ltd v Wayne Tank and Pump Company Ltd
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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.
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Philips v Ward
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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.
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Harvey v Crawley Development Corporation
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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.
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Ruxley Electronics and Construction Ltd v Forsyth
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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? Is the law of damages so inflexible, as I asked earlier, that it cannot find some middle ground in such a 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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Investors Compensation Scheme Ltd v West Bromwich Building Society
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(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.
(2) The background was famously referred to by Lord Wilberforce as the "matrix of fact," but this phrase is, if anything, an understated description of what the background may include. Subject to the requirement that it should have been reasonably available to the parties and to the exception to be mentioned next, it includes absolutely anything which would have affected the way in which the language of the document would have been understood by a reasonable man.
- Naval Compensations, etc. Act 1813
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Metropolitan Police Staff (Superannuation) Act 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 ... ...
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Public Salaries, etc. Act 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 ... ...
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Offices in Court of Chancery, etc. Act 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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The influences of sales compensations, management stringency and ethical evaluations on product recommendations made by insurance brokers
Purpose: – The purpose of this paper is to explore the impacts of the size and timing of sales compensations, the management stringency of the insurer and the insurance broker's own moral views on ...
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The insurance agents’ intention to make inappropriate product recommendations. Some observations from Taiwan life insurance industry
Purpose: This case study aim to investigate the impacts of insurance agents’ positive attitude toward inappropriate product recommendations on the insurance agents’ intention to make the inappropri...... ... This study further checks how the attitude and intention could be enhancedby the insurer’s manipulation of sales compensations, the agents’ perception of information asymmetrybetween customers and insurance agents and the insurer’s sales ... ...
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Organisational Change: “Top‐Down” or “Bottom‐Up” Management?
Most significant organisational changes originate with higher management, and are “pushed through” in one way or another. Resistance from the “lower levels” is usually expected and plans are made t...
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Franco-German cooperation and the rescuing of the Eurozone
This article analyzes the effect of Franco-German cooperation on Economic and Monetary Union reforms, negotiated between 2010 and 2015. We identify three causal mechanisms theorizing how Franco-Ger...... ... In addition, our casestudies highlight that France and Germany repeatedly engaged in identifying com-promise solutions or compensations, and thus facilitated the adoption of keyreforms. Our case studies do not, however, support the directoire reading of theFranco-German couple. We nd ... ...
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UK Regulator Issues Consultation Paper on Risk-Based Levies for the Financial Services Compensation Scheme Deposit Class
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, ... ...
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UK Regulator Issues Consultation Paper On Risk-Based Levies For The Financial Services Compensation Scheme Deposit Class
... ... 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, ... ...
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HR Law Focus Newsletter 11 July 2013: Dismissals Update
... ... 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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Coronavirus/COVID-19 And Construction Contracts
... ... 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 ... ...