Damages in General in UK Law

Leading Cases
  • Stoke-on-Trent City Council v W. & J. Wass Ltd
    • Court of Appeal (Civil Division)
    • 29 Jul 1988

    The general rule is that a successful plaintiff in an action in tort recovers damages equivalent to the loss which he has suffered, no more and no less. If he has suffered no loss, the most he can recover are nominal damages. A second general rule is that where the plaintiff has suffered loss to his property or some proprietary right, he recovers damages equivalent to the diminution in value of the property or right. The authorities establish that both these rules are subject to exceptions.

    As I understand these authorities, their broad effect is this. In all the other cases, the plaintiff having established his loss, the real question has not been whether substantial damages should be awarded at all, but whether they should be assessed in accordance with the user principle or by reference to the diminution in value of the property or right. In other words, those other cases are exceptions to the second, but not to the first, of the general rules stated above.

    It is possible that the English law of tort, more especially of the so-called "proprietary torts", will in due course make a more deliberate move towards recovery based not on loss suffered by the plaintiff but on the unjust enrichment of the defendant; see Goff and Jones' The Law of Restitution, 3rd edition, pp 612—614. But I do not think that that process can begin in this case and I doubt whether it can begin at all at this level of decision.

    It is an established principle concerning the assessment of damages that a person who had wrongfully used another's property without causing the latter any pecuniary loss may still be liable to thaqt other for more than nominal damages. In general, he is liable to pay, as damages, a reasonable sum for the wrongful use he has made of the other's property.

  • Wagstaff v Wagstaff
    • Court of Appeal (Civil Division)
    • 19 Nov 1991

    There may be instances where the sum awarded was small and was specifically for pain and suffering in which it would be unsuitable to order any of it to be paid to the other spouse. In general, the reasons for the availability of the capital by way of damages must temper the extent of, and in some instances may exclude the sharing of, such capital with the other spouse. It is important to stress yet again that each case must be considered on its own facts.

  • Devenish Nutrition Ltd v Sanofi-Aventis SA (France) & others
    • Court of Appeal (Civil Division)
    • 14 Oct 2008

    It follows that the categories of damages identified above are not mutually exclusive. User damages can be restitutionary: they can be awarded where the claimant has suffered no loss and on the basis that the defendant is ordered to pay a sum by reference to the gain he would otherwise make.

  • Fairley v John Thompson (Design and Contracting Division) Ltd
    • Court of Appeal (Civil Division)
    • 09 Feb 1973

    It is important to realise that there is a difference between an award for loss of earnings as distinct from compensation for loss of earning capacity. Compensation for loss of future earnings is awarded for real assessable loss proved by evidence. Compensation for diminution in earning capacity isawarded as part of general damages. He will have diminished earning capacity, but he has not lost any future earnings.

See all results
Legislation
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... (1) In this Chapter ownership of goods means the general property in goods, not merely a special property. . (2) For the time ... . . (a) claiming damages;. . . (b) seeking specific performance;. . . (c) seeking an order for ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . . (b) make provision generally or in relation to a case described in th. e order. . . (3) An order ... (1) This section applies where, in proceedings on a claim for damages in respect of personal injury ("the primary claim")-. . . (a) the court ......
  • Intellectual Property Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... . . (a) it appears to the appointed person that a point of general legal importance is involved,. . . (b) the registrar requests that the ... In section 62 of the Patents Act 1977 (restrictions on recovery of damages for infringement), in subsection (1), after "the number of the patent" ......
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... to make the order for the purpose of protecting persons generally, or particular persons, from the physical or psychological harm which ... . (3) Civil legal services provided in relation to a claim for damages arising in connection with the conduct by virtue of which an individual ......
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