Damages in UK Law

Leading Cases
  • Doyle v Olby (Ironmongers) Ltd
    • Court of Appeal (Civil Division)
    • 31 Enero 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 Diciembre 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. This consists of out-of-pocket expenses and loss of earnings incurred down to the date of trial, and is generally capable of substantially exact calculation. Secondly, there is general damage which the law implies and is not specially pleaded.

  • F. Hoffmann-LA Roche & Company A.G. and Others v Secretary of State for Trade and Industry
    • House of Lords
    • 03 Julio 1974

    The assessment is made upon the same basis as damages for breach of contract would be assessed if the undertaking had been a contract between the plaintiff and the defendant, that the plaintiff would not prevent the defendant from doing that which he was restrained from doing by the terms of the injunction.

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

    It extends to cases in which the Defendant is seeking to gain at the expense of the Plaintiff some object,—perhaps some property which he covets,—which either he could not obtain at all or not obtain except at a price greater than he wants to put down. Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay.

  • Anns v Merton London Borough Council
    • House of Lords
    • 12 Mayo 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.

    The damages recoverable include all those which foreseeably arise from the breach of the duty of care which, as regards the council, I have held to be a duty to take reasonable care to secure compliance with the byelaws. Subject always to adequate proof of causation, these damages may include damages for personal injury and damage to property.

  • Davies v Powell Duffryn Associated Collieries (No. 2)
    • House of Lords
    • 27 Abril 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.

See all results
Legislation
See all results
Books & Journal Articles
  • Damages
    • Construction Law. Volume II - Third Edition
    • Julian Bailey
    • 1141-1271
  • The Standardisation of Tort Damages
    • No. 84-1, January 2021
    • The Modern Law Review
    • 0000
    This article explores the nature, scope, rationale and merits of the standardisation of compensatory damages in tort law, ie the fact of giving the claimant not the value (subject to ordinary limit...
  • Contract Damages, Corrective Justice and Punishment
    • No. 70-6, November 2007
    • The Modern Law Review
    This article re‐examines the established principle that contract damages compensate but do not punish from the theoretical perspective of corrective justice and, in particular, the version advocate...
  • Sweden: Million Pound Damages for Wrong Tax Advice
    • No. 4-1, March 1996
    • Journal of Financial Crime
    • 90-92
    A recent civil court ruling heralds a new perception of tax cases by the Swedish courts. The focus is shifted from the company owner to the tax adviser. This opens ways to improve the effectiveness...
See all results
Law Firm Commentaries
See all results
Forms
  • delivery of goods, damages and costs: Form No.64
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
  • Shortened PF52 in the Queen's Bench Division for multi-track case and costs management directions in Mesothelioma and Asbestosis claims
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ...   (1) [By consent] judgment be entered for the Claimant against the [     ] Defendant on the issue of liability for damages to be assessed by the Court with costs [summarily assessed at £…] [to be the subject of detailed assessment if not agreed] ...   (2)   ... ...
  • Form N210B
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... (including ref.) ... (including ref.) ... Tick only one box ... I do not intend to contest the claim ... I intend to contest the amount of damages claimed but not the making of an order for damages ... I intend to contest the making of an order for damages ... I intend to dispute the court’s ... ...
  • Default judgment upon request in claim relating to detention of goods (rule 12.4(1)(c))
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... [2. pay damages for their detention to be decided by the court.] ... 3. pay the claimant costs [summarily assessed in the sum of £             ] ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT