Damages and Restitution in UK Law

Leading Cases
  • 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.

  • 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.

  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 Mayo 1932

    You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.

  • Johnson v Agnew
    • House of Lords
    • 08 Marzo 1979

    (2) The general principle for the assessment of damages is compensatory, i.e. that the innocent party is to be placed, so far as money can do so, in the same position as if the contract had been performed. But this is not an absolute rule: if to follow it would give rise to injustice, the court has power to fix such other date as may be appropriate in the circumstances.

  • 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.

  • Broome v Cassell & Company Ltd
    • House of Lords
    • 23 Febrero 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.

  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 Junio 1942

    It is clear that any civilised system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or some benefit derived from another which it is against conscience that he should keep.

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Legislation
  • Matrimonial Causes Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ......of Marriage, Suits for Restitution of Conjugal Rights, and in all Causes, Suits, and Matters. Matrimonial, ...S-XXXIII . Husband may claim Damages from Adulterers. XXXIII Husband may claim Damages from Adulterers. . ......
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • 1 de Enero de 1854
    ......and such Issue of Fact may thereupon be tried and determined, and Damages assessed where necessary,. in open Court, either in Term or Vacation, by ... shall have Power to adjudge Payment of Costs, and to order Restitution; and they shall have the same Powers as the Court of Error in respect of ......
  • Financial Services Act 2012
    • UK Non-devolved
    • 1 de Enero de 2012
    ...... . . (f) section 102 (exemption from liability in damages);. . . (g) in section 103 (interpretation), subsections (2) and (3);. . ... persons and persons exercising those rights, for the restitution of property and the making or recovery of payments where those rights are ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ....... (3) The words ‘counterclaim’, ‘damages’, ‘practice form’ and ‘service’, which appear frequently in the ... subject to the provisions of Order 26, rule 17, a warrant of restitution may be issued in aid of the warrant of possession. . (2) No warrant of ......
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Books & Journal Articles
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Law Firm Commentaries
  • Unpaid Builder Cannot Claim In Restitution From Shareholders Of Client
    • Mondaq United Kingdom
    ...... an unfair result, since MacDonald had pitched low for the business and so would have obtained more from an award in restitution than in damages for breach of contract. This case demonstrates the importance of assessing the worth of the other contracting party, and obtaining the necessary ......
  • Effective Methods for Securing Assets in Germany
    • Mondaq United Kingdom
    ...... defrauded parties a unique opportunity to secure claims for restitution of property and for damages by combining freezing orders pursuant to ......
  • Restraint of Trade: Nothing retro about restrictive covenants as retailer gets shirty over losses
    • JD Supra United Kingdom
    Following breach of a restrictive covenant, Score Draw applied to the court for damages and injunctive relief claiming PNH’s breach had caused Liverpool FC’s refusal to renew a retail licence: Scor...
    ...... of a restrictive covenant, Score Draw applied to the court for damages and injunctive relief claiming PNH’s breach had caused Liverpool FC’s ... revenues lost by the non-renewal of the licence were a fair restitution. PNH did not believe that such damages were acceptable; claiming that any ......
  • Red Card For Penalty Damages
    • Mondaq United Kingdom
    ......Following the European Commission's decision, Devenish. raised proceedings in England against Sanofi-Aventis seeking a. restitutionary award (a sum of money assessed by reference to the. gain which the wrongdoer has made as a result of the wrong) in. place of compensatory damages, ......
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