Damages in UK Law

Leading Cases
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 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.

  • 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 Ene 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 Dic 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 May 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.

  • Broome v Cassell & Company Ltd
    • House of Lords
    • 23 Feb 1972

    Such actions involve a money award which may put the plaintiff in a purely financial sense in a much stronger position than he was before the wrong. Not merely can he recover the estimated sum of his past and future losses, but, in case the libel, driven underground, emerges from its lurking place at some future date, he must be able to point to a sum awarded by a jury sufficient to convince a bystander of the baselessness of the charge.

  • Attorney General of Trinidad and Tobago v Ramanoop
    • Privy Council
    • 23 Mar 2005

    An award of compensation will go some distance towards vindicating the infringed constitutional right. The fact that the right violated was a constitutional right adds an extra dimension to the wrong. An additional award, not necessarily of substantial size, may be needed to reflect the sense of public outrage, emphasise the importance of the constitutional right and the gravity of the breach, and deter further breaches.

See all results
Legislation
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
  • Competition Damages – UK implementation of the EU Damages Directive
    • JD Supra United Kingdom
    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
    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
    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
    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.
See all results