Losses in UK Law

Leading Cases
  • Forster v Outred & Company
    • Court of Appeal (Civil Division)
    • 11 Marzo 1981

    Mr. Stuart-Smith says that it is any detriment, liability or loss capable of assessment in money terms and it includes liabilities which may arise on a contingency, particularly a contingency over which the plaintiff has no control; things like loss of earning capacity, loss of a chance or bargain, loss of profit, losses incurred from onerous provisions or covenants in leases. They are all illustrations of a kind of loss which is meant by "actual" damage.

  • Threlfall v Jones (Inspector of Taxes) ; Gallagher v Same
    • Court of Appeal (Civil Division)
    • 30 Junio 1993

    Subject to any express or implied statutory rule, of which there is none here, the ordinary way to ascertain the profits or losses of a business is to apply accepted principles of commercial accountancy. That is the very purpose for which such principles are formulated. As has often been pointed out, such principles are not static : they may be modified, refined and elaborated over time as circumstances change and accounting insights sharpen.

  • Transfield Shipping Inc. v Mercator Shipping Inc. (The Achilleas)
    • House of Lords
    • 09 Julio 2008

    What is the basis for deciding whether loss is of the same type or a different type? The distinction must rest upon some principle of the law of contract. In my opinion, the only rational basis for the distinction is that it reflects what would have been reasonable and have been regarded by the contracting party as significant for the purposes of the risk he was undertaking.

  • Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd and Another
    • House of Lords
    • 21 Noviembre 1996

    In many cases, even in deceit, it will be appropriate to value the asset acquired as at the transaction date if that truly reflects the value of what the plaintiff has obtained. In many cases, even in deceit, it will be appropriate to value the asset acquired as at the transaction date if that truly reflects the value of what the plaintiff has obtained.

  • 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.

  • Attorney-General v Blake (pet. all.)
    • House of Lords
    • 27 Julio 2000

    But the common law, pragmatic as ever, has long recognised that there are many commonplace situations where a strict application of this principle would not do justice between the parties. Then compensation for the wrong done to the plaintiff is measured by a different yardstick.

  • Liesbosch Dredger (Owners of) v Owners of SS Edison (The Liesbosch)
    • House of Lords
    • 28 Febrero 1933

    But the Appellants' actual loss in so far as it was due to their impecuniosity arose from that impecuniosity as a separate and concurrent cause, extraneous to and distinct in character from the tort; the impecuniosity was not traceable to the Respondents' acts, and in my opinion was outside the legal purview of the consequences of these acts.

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Books & Journal Articles
  • Paradise losses.
    • No. 2000, December 2000
    • Financial Management (UK)
    • Cooper, Tim
    • Accountants in Indonesia
    ...It's got paddy fields, tropical sunshine, sandy beaches running down to the Indian Ocean -- and corruption, civil unrest, an appalling human rights record and an economy in crisis. Tim Cooper asks whether doing business in Indonesia is a fascinating ......
  • Fighting Energy Losses & Maintenance Costs
    • No. 82-5/6, May 1982
    • Industrial Management & Data Systems
    • 22-22
    In a climate of intense economic pressure, more and more companies are examining ways of conserving energy and reducing maintenance costs. Apart from insulation methods and materials one of the cri...
  • Cutting fraud losses in Canadian organizations
    • No. 22-3, July 2015
    • Journal of Financial Crime
    • 295-304
    Purpose: – The purpose of this paper is to analyze the effect of various internal controls (i.e. hotlines, regular ethics (fraud) training, surprise audits, internal and external audits and backgro...
  • Macroeconomic factors influencing UK household loan losses
    • No. 20-4, November 2012
    • Journal of Financial Regulation and Compliance
    • 385-401
    Purpose: The purpose of this paper is to investigate the effects of macroeconomic factors on secured and unsecured household loans from UK banks. Design/methodology/approach: The approach uses Vec...
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Law Firm Commentaries
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Forms
  • Interim settlement pack form and response to interim settlement pack
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... RTA4 Interim Settlement Pack and Response to Interim Settlement Pack (04.13) ... Interim settlement pack and response ... Claimant losses to date ... Claim item Evidence ... pursued attached ... Defendant response ... contributory ... negligence ... deductions ... Gross value ... ...
  • Stage 2 settlement pack form and response to settlement pack
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... Fares (taxis, buses, ... tube, etc.) ... Medical expenses ... Care/Services ... Loss of earnings ... a) Claimant ... b) Employer ... Other losses ... Additional damages ... Disadvantage on ... the labour ... Loss of congenial ... employment ... Future losses ... Total heads of net damage ... ...
  • Interim Settlement Pack and Response to Interim Settlement Pack: Low value personal injury claims in employers' liability and public liability (£1,000 - £25,000).
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... EPL4 Interim Settlement Pack and Response to Interim Settlement Pack (04.13) ... Interim settlement pack and response ... Claimant losses to date ... Defendant response ... Claim item Evidence ... pursued attached ... Value claimed ... Value offered ... Yes / No / N/A ... Loss of ... ...
  • Court proceedings pack (part A - part B)
    • HM Courts & Tribunals Service court and tribunal forms
    Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.
    ... ... Reference number ... Reference number ... RTA6 Court Proceedings Pack (Part A) (04.13) ... Court Proceedings Pack (Part A) ... Claimant Losses ... being Evidence ... pursued attached ... Gross value % contributory ... negligence ... deductions ... Defendant response ... Policy excess ... ...
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