Damages 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.

  • Doyle v Olby (Ironmongers) Ltd
    • Court of Appeal
    • 31 Jan 1969

    In contract, the damages are limited to what may reasonably be supposed to have been in this contemplation of the parties. The defendant is bound to make reparation for all the actual damages directly flowing from the fraudulent inducement. All such damages can be recovered: and it does not lie in the mouth of the fraudulent person to say that they could not reasonably have been foreseen.

  • British Transport Commission v Gourley
    • House of Lords
    • 08 Dez 1955

    In an action for personal injuries the damages are always divided into two main parts. First, there is what is referred to as special damage which has to be specially pleaded and proved. Secondly, there is general damage which the law implies and is not specially pleaded. This includes compensation for pain and suffering and the like, and if the injuries suffered are such as to lead to continuing or permanent disability compensation for loss of earning power in the future.

  • Anns v Merton London Borough Council
    • House of Lords
    • 12 Mai 1977

    First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.

  • Rookes v Barnard
    • House of Lords
    • 21 Jan 1964

    Cases in the second category are those in which the Defendant's conduct has been calculated by him to make a profit for himself which may well exceed the compensation payable to the plaintiff. Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay.

    In a case in which exemplary damages are appropriate, a jury should be directed that if, but only if, the sum which they have in mind to award as compensation (which may of course be a sum aggravated by the way in which the Defendant has behaved to the Plaintiff) is inadequate to punish him for his outrageous conduct, to mark their disapproval of such conduct and to deter him from repeating it, then it can award some larger sum.

  • Anns v Merton London Borough Council
    • House of Lords
    • 12 Mai 1977

    In my opinion they may also include damage to the dwelling-house itself; for the whole purpose of the byelaws in requiring foundations to be of certain standard is to prevent damage arising from weakness of the foundations which is certain to endanger the health or safety of occupants.

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Books & Journal Articles
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Law Firm Commentaries
  • Competition Damages – UK implementation of the EU Damages Directive
    • JD Supra United Kingdom
    • White & Case LLP
    • 27 de Janeiro de 2017
    Regulations implementing the EU Damages Directive in the UK are set to introduce important changes to the law on limitation, burden of proof, and liability in competition damages claims...
  • Liquidated damages in energy projects
    • JD Supra United Kingdom
    • White & Case LLP
    • 12 de Janeiro de 2019
    In a noteworthy decision to participants in the energy industry, the High Court of England & Wales examined what constitutes a valid liquidated damages clause in the event of delayed completion...
  • Liquidated damages for sectional completion
    • JD Supra United Kingdom
    • White & Case LLP
    • 28 de Setembro de 2017
    In the recent English High Court case of Vinci Construction UK Ltd v. Beumer Group UK Ltd, the court considered whether liquidated damages were enforceable under a construction contract which provi...
  • Termination & Liquidated Damages: Less Clear than Ever
    • JD Supra United Kingdom
    • White & Case LLP
    • 18 de Março de 2019
    The Court of Appeal of England & Wales considered, in respect of a delayed software project, whether a liquidated damages provision survived termination of the contract.
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