Damages in General in UK Law
Stoke-on-Trent City Council v W. & J. Wass Ltd
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
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
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
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.
Consumer Rights Act 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
...... . . (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
...... . . (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
...... 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 ......
CIVIL LIABILITY FOR THE CONTENTS OF THE PROSPECTUS IN THE LIGHT OF THE NEW ISRAELI SECURITIES LAW
...... American view.6 A purchaser of securities may recover damages from the issuer and certain other people who have signed the ... definition in the Law contains a number of very general concepts and is a clear attempt to embrace as wide an ......
The European Union’s non-contractual liability following country and counterterrorism sanctions: Is there anything to learn from the Safa Nicu Sepahan case?
This article focuses on the actions aimed at compensating for the damage suffered by natural and legal persons following the imposition of EU country or counterterrorism restrictive measures. The j......... EU jurisprudence in the field often too reluctant to award damages, in accordance with the traditional conservative approach of the EU Courts ... legal guarantees that was introduced in Article 215(3) TFEU, the General Court considered that provision as respectful of the fundamental rights of ......
ON THE LIBERATION OF APPELLATE JUDGES HOW NOT TO DO IT!*
...... The jury assessed the compensatory damages at 215,000, and the exemplary at 225,000. The main issue on ... be suggested, since the 1966 Statement freed the House generally to depart from 29 Ibid. 80 The central doubt is as to ......
The Politics and Economics of Tort Law: Judicially Imposed Periodical Payments of Damages
......The mere fact that the claimant is in need of greater car e or has su¡ered a general or con- tinuing deterioration will not su⁄ce to trigger a re view. Instead the deterior ation must be‘clear and severab le’ and correspond ......
- Damages In General Insurance Claims
- Liquidated Damages 0: General Damages 1
- Personal Injury And General Damages
Amending FIDIC Provisions on Delay Liquidated Damages: a Case Note on J Murphy & Sons Ltd v Beckton Energy Ltd  EWHC 607 (TCC)
The perfect construction project is completed on time, on budget, and in accordance with the Employer’s specification and/or performance requirements. In reality, delays frequently occur and with s......... . Comment . . The purpose of liquidated damages in general . . The court determined that the fixed sums for damages payable specified in Sub-Clause 8.7 of the contract should stand and take precedence ......