Damages and Restitution 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.

  • 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.

  • British Transport Commission v Gourley
    • House of Lords
    • 08 Dec 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.

  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 May 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 Mar 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.

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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
    • September 29, 2011
    ...... 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 ......
  • Restraint of Trade: Nothing retro about restrictive covenants as retailer gets shirty over losses
    • JD Supra United Kingdom
    • Allen & Overy LLP
    • April 09, 2021
    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 ......
  • Effective Methods for Securing Assets in Germany
    • Mondaq United Kingdom
    • December 20, 2002
    ...... defrauded parties a unique opportunity to secure claims for restitution of property and for damages by combining freezing orders pursuant to ......
  • Red Card For Penalty Damages
    • Mondaq United Kingdom
    • November 19, 2008
    ......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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