Assessment of Damages in UK Law

Leading Cases
  • Davies v Powell Duffryn Associated Collieries (No. 2)
    • House of Lords
    • 27 Apr 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.

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

    A trespasser who enters another's land may cause the landowner no financial loss. In this type of case the damages recoverable will be, in short, the price a reasonable person would pay for the right of user: see Whitwam v. Westminster Brymbo Coal Co. [1892] 2 Ch. 538, and the 'wayleave' cases such as Martin v. Porter (1839) 5 M. and W. 351 and Jegon v. Vivian (1871) L.R. 6 Ch. 742

  • Gammell v Wilson
    • House of Lords
    • 05 Feb 1981

    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.

  • 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.

  • Cookson v Knowles
    • House of Lords
    • 24 May 1978

    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.

  • Mallett v McMonagle
    • House of Lords
    • 11 Feb 1969

    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.

  • Wells v Wells
    • House of Lords
    • 16 Jul 1998

    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.

See all results
Legislation
  • Fatal Accidents Act 1976
    • UK Non-devolved
    • January 01, 1976
    ......entitled the person injured to maintain an action and recover. damages in respect thereof, the person who would have been. liable if death had ...be recovered. S-3. Assessment of damages.3 Assessment of damages. (1) In the action such damages may be ......
  • Consumer Rights Act 2015
    • England & Wales
    • January 01, 2015
    ...... . . (a) claiming damages;. . . (b) seeking specific performance;. . . (c) seeking an order for ... S-64 . Exclusion from assessment of fairness 64 Exclusion from assessment of fairness . (1) A term of a ......
  • Fatal Accidents Act 1959
    • UK Non-devolved
    • January 01, 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 Majesty, by ...Exclusion of certain benefits in assessment of damages.2 Exclusion of certain benefits in assessment of damages. (1) ......
  • Administration of Justice Act 1982
    • UK Non-devolved
    • January 01, 1982
    ...... connected therewith; to amend the law relating to actions for damages for personal injuries, including injuries resulting in death, and to ...recovered. S-3 . Assessment of damages. 3 Assessment of damages. . (1) In the action such damages, ......
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT