Assessment of Damages in UK Law
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Davies v Powell Duffryn Associated Collieries (No. 2)
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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.
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Gammell v Wilson
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The principle must be that the damages should be fair compensation for the loss suffered by the deceased in his lifetime. As such, it must be shown, on the facts found, to be at least capable of being estimated. If sufficient facts are established to enable the court to avoid the fancies of speculation, even though not enabling it to reach mathematical certainty, the court must make the best estimate it can.
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Johnson v Agnew
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(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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Cookson v Knowles
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In times of stable currency the multipliers that were used by judges were appropriate to interest rates of 4% to 5% whether the judges using them were conscious of this or not. Inflation is taken care of in a rough and ready way by the higher rates of interest obtainable as one of the consequences of it and no other practical basis of calculation has been suggested that is capable of dealing with so conjectural a factor with greater precision.
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Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (the "Golden Victory")
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The lodestar is that the damages should represent the value of the contractual benefits of which the claimant had been deprived by the breach of contract, no less but also no more.
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Mallett v McMonagle
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Anything that is more probable than not it treats as certain. But in assessing damages which depend upon its view as to what will happen in the future or would have happened in the future if something had not happened in the past, the court must make an estimate as to what are the chances that a particular thing will or would have happened and reflect those chances, whether they are more of less than even; in the amount of damages which it awards.
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Wells v Wells
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The amount of the award to be made for pain, suffering and loss of amenity cannot be precisely calculated. All that can be done is to award such sum, within the broad criterion of what is reasonable and in line with similar awards in comparable cases, as represents the court's best estimate of the plaintiff's general damages. The court cannot say precisely what will happen.
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Chancery Amendment Act 1858
... ... Power to Court of Chancery to award Damages in certain Cases.II Power to Court of Chancery to award Damages in certain ... procuring the Attendance of a Special or Common Jury, for such Assessment of Damages or the Trial of such Question of Fact, as may be made by any of ... ...
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Fatal Accidents Act 1976
... ... have entitled the person injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ... 1991/2684, arts. 2, 4, Sch.1 ... 3: Assessment of damages ... (1) In the action such damages, other than damages for ... ...
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Fatal Accidents Act 1959
... ... for certain benefits to be left out of account in assessing damages in such an action ... Be it enacted by the Queen's most Excellent ... Exclusion of certain benefits in assessment of damages.2 Exclusion of certain benefits in assessment of damages ... ...
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Administration of Justice Act 1982
... ... connected therewith; to amend the law relating to actions for damages for personal injuries, including injuries resulting in death, and to ... in respect of which damages are sought to be recovered.(3) Assessment of damages.(1) In the action such damages, other than damages for ... ...
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Assessment of damages under a cross-undertaking
The enforcement of a cross-undertaking in damages, provided by a claimant in order to obtain a freezing injunction against a defendant, can mean a substantial liability for a claimant. This ruling ...
- Assessment Of Damages: Compensatory Principle Upheld
- Webinar Recording: Assessment Of Damages In Professional Negligence Claims (Video)
- Webinar Recording: Assessment Of Damages In Professional Negligence Claims (Video)
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Shortened PF52 in the Queen's Bench Division for multi-track case and costs management directions in Mesothelioma and Asbestosis claims
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... against the [ ] Defendant on the issue of liability for damages to be assessed by the Court with costs [summarily assessed at £…] [to e the subject of detailed assessment if not agreed] ... (2) The [ ] Defendant do make an ... ...
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Chapter SAIM2330
... ... Interest included in damages for personal injury ... Interest on damages (including, in Scotland, ... /S751, and Alice does not need to show it on her 2018-19 self assessment return. But the £620 interest relating to the period between the date of ... ...
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Chapter EIM12977
... ... section 62 ITEPA 2003 provided that its character is not that of a damages payment (see EIM12978 and EIM13070). Care is needed here because simply ... where there is a procedure for making a genuine “critical assessment” in the making of payments, so that they are not made automatically. For ... ...
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Chapter EIM12830
... ... EIM12975 ... What are damages? ... EIM13070 ... What difference does a compromise agreement ... EIM13785 ... What is the year of assessment for Section 401 ITEPA 2003? ... EIM13100 ... How are awards by ... ...