Quantum of Damages in UK Law

Leading Cases
  • Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (the "Golden Victory")
    • House of Lords
    • 28 Mar 2007

    The contractual benefit for the loss of which the victim of the breach can seek compensation cannot escape the uncertainties of the future. The lodestar is that the damages should represent the value of the contractual benefits of which the claimant had been deprived by the breach of contract, no less but also no more.

  • John v MGN Ltd
    • Court of Appeal (Civil Division)
    • 12 Dec 1995

    In assessing the appropriate damages for injury to reputation the most important factor is the gravity of the libel; the more closely it touches the plaintiff's personal integrity, professional reputation, honour, courage, loyalty and the core attributes of his personality, the more serious it is likely to be. The extent of publication is also very relevant: a libel published to millions has a greater potential to cause damage than a libel published to a handful of people.

  • Hunter v Canary Wharf Ltd
    • House of Lords
    • 24 Apr 1997

    If the occupier of land suffers personal injury as a result of inhaling the smoke, he may have a cause of action in negligence. But he does not have a cause of action in nuisance for his personal injury, nor for interference with his personal enjoyment. It follows that the quantum of damages in private nuisance does not depend on the number of those enjoying the land in question.

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

    My Lords, given the inescapably artificial and conventional nature of the assessment of damages for non-economic loss in personal injury actions and of treating such assessment as a debt bearing interest from the date of service of the writ, it is an important function of the Court of Appeal to lay down guide-lines both as to the quantum of damages appropriate to compensate for various types of commonly occurring injuries and as to the rates of "interest" from time to time appropriate to be given in respect of non-economic loss and of the various kinds of economic loss.

    A guide-line as to quantum of conventional damages or conventional interest thereon is not a rule of law nor is it a rule of practice. It sets no binding precedent; it can be varied as circumstances change or experience shows that it does not assist in the achievement of even-handed justice or makes trials more lengthy or expensive or settlements more difficult to reach.

  • 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.

  • Ilkiw v Samuels
    • Court of Appeal
    • 23 May 1963

    As regards the question of damages, I would put it in this way. Special damage in the sense of a monetary loss which the plaintiff has sustained up to the date of trial must be pleaded and particularised. In my view, it is plain law - so plain that there appears to be no direct authority because everyone has accepted it as being the law for the last hundred years - that you can recover in an action only special damage which has been pleaded, and, of course, proved.

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Legislation
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Books & Journal Articles
  • REVIEWS
    • Nbr. 39-4, July 1976
    • The Modern Law Review
    Legal Services in Birmingham. By Lee Bridges, Brenda Sufrin, Jim Whetton and Richard White. Legal Expense Insurance. By Werner Pfennigstorf. [Chicago: American Bar Foundation. 1975. ix and 117 pp. ...
    ...... KEITH DAVIES. KEMP AND KEMP: THE QUANTUM OF DAMAGES IN PERSONAL INJURY AND FATAL ACCIDENT CLAIMS. By ......
  • Reviews
    • Nbr. 31-3, May 1968
    • The Modern Law Review
    Lawyers and the Courts. By Brian Abel‐Smith and Robert Stevens. Social Dimensions of Law and Justice. By Julius Stone, ll.m., s.j.d., b.a., d.c.l.; Challis Professor of Jurisprudence and Internatio...
    ...... J. DUNCAN M. DERRPI-T. THE QUANTtJM OF DAMAGES. Volume 1: PERSONAL INJURY CLAIMS. Third Edition. By D. McL. ......
  • REVIEWS
    • Nbr. 26-3, May 1963
    • The Modern Law Review
    Matrimonial Offences with Particular Reference to the Magistrates' Courts. BY LIONEL ROSEN, LL.M. (Lond.), Solicitor of the Supreme Court of Judicature. Government Guarantees to Foreign Investors. ...
    ...... ala), then this distinction in the assessment of damages seems artificial, and often inequitable, since it gives ... J. K. GEODECXI. TEE QUANTUM OF DAMAGES. Vol. 2. Second edition. By DAVID and MARGARET KEMP. ......
  • REVIEWS
    • Nbr. 24-5, September 1961
    • The Modern Law Review
    Book reviewed in this article: An Introduction to the Law of Contract. By P. S. Atiyah, m.a., b.c.l. Legal Theory. Fourth edition. By W. Friedmann. Principles of Local Government Law. By Sir Ivor J...
    ...... 47), although they might have had an action for damages for deceit. The fiduciary relationship between parent and ... THE QUANTUM OF DAMAGES. Vol. 1. Second edition. By DAVID and MARGARET ......
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Law Firm Commentaries
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