Damages and Restitution in UK Law

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

    Where a Defendant with a cynical disregard for a Plaintiff's rights has calculated that the money to be made out of his wrong-doing will probably exceed the damages at risk, it is necessary for the law to show that it cannot be broken with impunity.

    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.

  • 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.

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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. . ......
  • Financial Services Act 2012
    • UK Non-devolved
    • 1 de Enero de 2012
  • Matrimonial Causes Act 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ......) on the ground of failure to comply with a decree for. restitution of conjugal rights; or. .   . ( c . ) on any ground on which a decree ...proceedings. S-41 . Damages for adultery. 41 Damages for adultery. . (1) A husband may, on a ......
  • Landlord and Tenant Law Amendment (Ireland) Act 1860
    • UK Non-devolved
    • 1 de Enero de 1860
    ......S-LXX . Restitution to be applied for within Six Months. LXX Restitution to be applied for ... Sureties in a reasonable Sum, conditioned to pay the Costs and Damages and Mesne Profits which shall be recovered by the Plaintiff in the Action; ......
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Books & Journal Articles
  • Recovery of Compound Interest as Restitution or Damages
    • Nbr. 71-2, March 2008
    • The Modern Law Review
  • The Division of Marital Assets Following Divorce
    • Nbr. 25-3, September 1998
    • Journal of Law and Society
    In this paper, several possible bases for post‐divorce asset division are examined from an economics‐of‐law perspective, focusing in particular on the incentives for opportunistic behaviour set up ...
    ...... for opportunistic behaviour set up by the use of reliance, restitution, partnership, rehabilitation, and needs-based approaches. The current ...The paper explores the case for using an expectations-damages approach, given that this can deter opportunistic divorce. The conclusions ......
  • Pacta Sunt Servanda: Contrasting Disgorgement Damages with Efficient Breaches under Article 74 CISG
    • Nbr. 3, June 2018
    • LSE Law Review
    • Florence Eicher
    • LLM candidate, specialising in Competition, Innovation and Trade Law
    • 29-43
    The contractual remedy of disgorgement damages has increasingly gained acceptance in international legal practice. Disgorgement of profits can result from a situation in which contractual breach is...
    ...... Additionally, the concept of disgorgement is not alien to the CISG and is allowed for restitution of goods under Article 84(2) CISG. This provision states that the buyer must account to the seller for all benefits which he has derived from the ......
  • Index
    • Nbr. 61-6, November 1998
    • The Modern Law Review
    ...... Report (1996) 382, 390 Aggravated, Exemplary and Restitutionary Damages, Law Commission Report (1997) 860 Cloning Issues in Reproduction, ... REMEDIES Punitive damages 860 Restitutionary damages 860 RESTITUTION Damages 860 Enrichment and rescission 255 Theory 580 TAXATION Corrective ......
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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
    ......whether Devenish were entitled to the following heads of. relief:-. An account of profits. Restitution of unjust enrichment. Exemplary damages. At first instance, the judge rejected Devenish's claims on. the above heads. Devenish appealed. The Court of ......
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Forms
  • Chapter BIM38500
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... where the issue has been the deductibility of a fine, a penalty or damages. The statutory test under S34(1)(a) Income Tax (Trading and Other Income) ...Where the payment is intended to provide restitution for damages caused by normal trading operations then it will be allowable. ......
  • Chapter NIM02385
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Where an employee claims damages from the third party, they are sometimes asked by the employer to make e form of restitution to the employer, but that does not change the character of the payments ......
  • Chapter CG14815
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......The warranty also allows the purchaser to seek restitution if they suffer damage as a result of breach of the warranty. Although the ... or representations entitle the purchaser to make a claim for damages. For example, a company’s shares may be sold with the warranty that the ......
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