Quantum of Damages in UK Law
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Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (the "Golden Victory")
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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.
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Hunter v Canary Wharf Ltd
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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.
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Forster v Outred & Company
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In this case, as soon as she executed the mortgage the plaintiff not only became liable under its express terms but also—and more importantly—the value of the equity of redemption of her property was reduced. Before she executed the mortgage deed she owned the property free from encumbrances'; thereafter she became the owner of a property subject to a mortgage.
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Wright v British Railways Board
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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.
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Wells v Wells
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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.
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John v MGN Ltd
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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.
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Act of Sederunt (Rules of the Court of Session Amendment) (Optional Procedure and Miscellaneous) 1992
... ... a proof or a proof before answer on the question of liability and quantum of damages it may separate the proof on the question of liability from the ... ...
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Act of Sederunt (Jury Trials Amendment) 1965
... ... that the only ground for granting a new trial is either excess of damages or such inadequacy of damages as to show that a new trial is essential to ... of damages, it shall grant a new trial restricted to the quantum of ... ...
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Act of Sederunt (Rules of Court Amendment No. 1) (Optional Procedure in Certain Actions of Reparation) 1985
... ... (i) on the question of liability and quantum of damages; or ... (ii) where liability is admitted, on the question of ... ...
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Act of Sederunt (Rules of the Court of Session 1994) 1994
... ... of the merits of an action and making an award of provisional damages under section 12(2) (a) of the Administration of justice Act 1982 may be ... appropriate–(i) on the question of liability and the question of quantum of damages;(ii) where liability is admitted, on the question of quantum of ... ...
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REVIEWS
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 ... ...
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Reviews
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 ... ...
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REVIEWS
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 ... ...
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REVIEWS
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 ... ...
- Quantum Of Damages Where Loan Advanced On The Basis Of A Negligent Valuation
- 'The Solace Of Quantum' .. Or .. Recovering Expenditure Incurred Post-Breach But Before Proceedings Damages Or Costs?
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Employers' Right To Recover Costs Of Rectification Works Dented But Not Demolished By Defects Liability Clause
...The English common law trend of allowing the recovery of damages for rectification of defects even where the defects liability period ... , and engage an alternative contractor to carry out the works, the quantum of damages recoverable will be limited ... Thio Keng Thay (the ... ...
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Failure To Complete? The Financial Consequences Can Be Dire
... ... Quantum of damages ... The issue for the court was what was the quantum of ... ...
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Shortened PF52 in the Queen's Bench Division for multi-track case and costs management directions in Mesothelioma and Asbestosis claims
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... against the [ ] Defendant on the issue of liability for damages to be assessed by the Court with costs [summarily assessed at £…] [to ... [ ] Defendant] or [a trial of the issues of liability and quantum between the Claimant and the [ ] Defendant ... (b) ... ...