Economic Loss in UK Law

Leading Cases
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977

    First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.

  • Caparo Industries Plc v Dickman
    • House of Lords
    • 08 Feb 1990

    What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other.

  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970

    Donoghue v. Stevenson [1932] A.C. 562 may be regarded as a milestone, and the well-known passage in Lord Atkin's speech should I think be regarded as a statement of principle. It is not to be treated as if it were a statutory definition. But I think that the time has come when we can and should say that it ought to apply unless there is some justification or valid explanation for its exclusion.

  • Commissioners of Customs and Excise v Barclays Bank Plc
    • House of Lords
    • 21 Jun 2006

    The second is commonly known as the threefold test: whether loss to the claimant was a reasonably foreseeable consequence of what the defendant did or failed to do; whether the relationship between the parties was one of sufficient proximity; and whether in all the circumstances it is fair, just and reasonable to impose a duty of care on the defendant towards the claimant (what Kirby J in Perre v Apand Pty Ltd [1999] HCA 36, (1999) 198 CLR 180, para 259, succinctly labelled "policy").

  • Wright v British Railways Board
    • House of Lords
    • 23 Jun 1983

    The second characteristic is that non-economic loss constitutes a major item in the damages. Any figure at which the assessor of damages arrives cannot be other than artificial and, if the aim is that justice meted out to all litigants should be even-handed instead of depending on idiosyncrasies of the assessor, whether jury or judge, the figure must be

  • White and Another v Jones and Another
    • House of Lords
    • 16 Feb 1995

    Although the categories of cases in which such special relationship can be held to exist are not closed, as yet only two categories have been identified, viz. (1) where there is a fiduciary relationship and (2) where the defendant has voluntarily answered a question or tenders skilled advice or services in circumstances where he knows or ought to know that an identified plaintiff will rely on his answers or advice.

  • Heil v Rankin
    • Court of Appeal (Civil Division)
    • 13 Jun 2000

    When the question is the level of damages for non-pecuniary loss the Court is engaged in a different exercise. As we have said, it is concerned with determining what is the fair, reasonable and just equivalent in monetary terms of an injury and the resultant PSLA. The decision has to be taken against the background of the society in which the Court makes the award.

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Legislation
  • Finance Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... Anti-avoidance and revenue protection . Losses, capital allowances etc Losses, capital allowances etc . S-24 . Sideways ... because of the operation of a swap or otherwise) the pre-tax economic profit or loss made by the relevant group or company in the accounting ......
  • Finance Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... Schedule 12 contains provision about returns which are economically equivalent to interest. CHAPTER 3 . Corporation tax: general . Losses, ......
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual. . (4) “Processing”, ... breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data ......
  • The Public Contracts Regulations 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... (a) in which any economic operator may make a request to participate; and . (b) whereby a ... economic operator which, in consequence, suffers, or risks suffering, loss or damage and those proceedings shall be brought in the High Court. . (7) ......
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Books & Journal Articles
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