Double Recovery in UK Law

Leading Cases
  • Hunt v Severs
    • House of Lords
    • 28 Abr 1994

    He should recover from the tortfeasor no more and no less than he has lost. The two well-established categories of receipt which are to be ignored in assessing damages are the fruits of insurance which the plaintiff himself has provided against the contingency causing his injuries (which may or may not lead to a claim by the insurer as subrogated to the rights of the plaintiff) and the fruits of the benevolence of third parties motivated by sympathy for the plaintiff's misfortune.

  • Carlos Sevilleja Garcia v Marex Financial Ltd
    • Supreme Court
    • 15 Jul 2020

    This device has been exploited in a number of cases subsequent to Johnson, in ways which circumvent the rule in Foss v Harbottle: a rule which is not confined to actions for damages but also applies to other remedies, as explained at para 35 above.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Dic 2000

    Indeed, the diminution in the value of Mr and Mrs Christensen's shares in the company is by definition a personal loss and not a corporate loss. That loss is reflected in the diminution in the value of Mr and Mrs Christensen's shares. They can no longer realise their shares at the value they enjoyed prior to the alleged default of their accountants and solicitors.

    If the shareholder is allowed to recover in respect of such loss, then either there will be double recovery at the expense of the defendant or the shareholder will recover at the expense of the company and its creditors and other shareholders. This is a matter of principle; there is no discretion involved.

    As Hobhouse L.J. observed in Gerber (at p. 471), if the company chooses not to exercise its remedy, the loss to the shareholder is caused by the company's decision not to pursue its remedy and not by the defendant's wrongdoing. By a parity of reasoning, the same applies if the company settles for less than it might have done.

  • Hussain v New Taplow Paper Mills Ltd
    • House of Lords
    • 04 Feb 1988

    First, where a plaintiff recovers under an insurance policy for which he has paid the premiums, the insurance monies are not deductible from damages payable by the tortfeasor: Bradburn v. Great Western Railway Co. (1864) L.R. 10 Ex.1. Secondly, when the plaintiff receives money from the benevolence of third parties prompted by sympathy for his misfortune, as in the case of a beneficiary from a disaster fund, the amount received is again to be disregarded: Redpath v. Belfast and County Down Railway [1947] N.I. 147.

  • Carlos Sevilleja Garcia v Marex Financial Ltd
    • Court of Appeal (Civil Division)
    • 26 Jun 2018

    The four aspects or considerations justifying the rule which emerge from the authorities, in particular Lord Millett's speech in Johnson v Gore Wood, are: (i) the need to avoid double recovery by the claimant and the company from the defendant: see per Lord Millett at 62E-F quoted at [18] above; (ii) causation, in the sense that if the company chooses not to claim against the wrongdoer, the loss to the claimant is caused by the company's decision not by the defendant's wrongdoing: see per Lord Millett at 66D-F quoted at [20] above and Chadwick LJ in Giles v Rhind at [78]; (iii) the public policy of avoiding conflicts of interest particularly that if the claimant had a separate right to claim it would discourage the company from making settlements: see per Lord Millett at 66F-G again quoted at [20] above; and (iv) the need to preserve company autonomy and avoid prejudice to minority shareholders and other creditors.

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Legislation
  • Proceeds of Crime Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ...... An Act to establish the Assets Recovery Agency and make provision about the appointment of its Director and his ...Section 8 prevents double counting of the same benefit by providing. (broadly) that, once the court ......
  • Housing Act 2004
    • UK Non-devolved
    • 1 de Enero de 2004
    ...... either with or without agreement and which provides for the recovery of related expenses) has effect. Enforcement: prohibition orders ... 8.   . (1) The scheme must make provision for preventing double recovery. by a tenant in respect of the whole or part of the deposit, and ......
  • Protection of Freedoms Act 2012
    • England & Wales
    • 1 de Enero de 2012
    ...... S-56 . Recovery of unpaid parking charges 56 Recovery of unpaid parking charges . ... unpaid parking charges (but this is not to be read as permitting double recovery). . (7) The right under this paragraph is subject to paragraph ......
  • The Network Rail (Streat Green Underbridge) (Temporary Land Acquisition) Order 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ......(7) Without affecting article 9 (no double recovery), nothing in this article affects any liability to pay ......
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Books & Journal Articles
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Law Firm Commentaries
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