IM Properties Plc v Cape & Dalgleish (A Firm)
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE WALLER,LORD JUSTICE ROBERT WALKER,LORD JUSTICE HOBHOUSE |
| Judgment Date | 20 May 1998 |
| Judgment citation (vLex) | [1998] EWCA Civ J0520-12 |
| Docket Number | No QBENF 97/0393/1 |
| Court | Court of Appeal (Civil Division) |
| Date | 20 May 1998 |
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11 cases
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AIC Ltd v ITS Testing Services (UK) Ltd; The Kriti Palm
...of mitigation. ITS is under no liability to AIC to the extent that the alleged loss could reasonably be recovered from Mobil: cf. IM Properties v Cape & Dalgleish [1999] QB 297 at 307 D-F. 341 I analyse the position as follows. 342 The correct measure of damages in the case of the tort of d......
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Blue Circle Industries Plc v Ministry of Defence
...are to be excluded. 132 (After writing this judgment, I received from Mr Walker a letter conceding—following consideration of IM Properties plc v Cape and Dalgleish (a firm), The Times 28th May 1998, and The Pintada [1985] AC 104—that his argument is unsustainable and that the court has no ......
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Boake Allen Ltd and Others v HM Revenue and Customs
...that this point was not directly at issue in that case. It is also true that, as the Court of Appeal later pointed out in I.M. Properties plc v. Cape & Dalgleish [1999] QB 297, the House of Lords, when awarding interest under section 35A, overlooked the fact that their award included intere......
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Sempra Metals (formerly Metallgesellschaft Ltd) v Commissioners of Inland Revenue
...sum had been repaid before issue of the writ (in fact the position was more complicated, as the Court of Appeal pointed out in IM Properties plc v Cape & Dalgleish [1999] QB 279 at pp 305 (Waller LJ) and 308 (Hobhouse LJ)). But such a distinction would be anomalous and might be thought to l......
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1 books & journal articles
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Recovery of Compound Interest as Restitution or Damages
...the action, somethingwhich the section does not permit: apoint subsequently made in IM Propertiesplc vCape & Dalgl eish(a ¢rm)[1999] QB 297 at4 63(Waller LJ) and 465^6 (Hobhouse LJ).42 [1996] AC 669,691 and 719^20,HL.43 Sempra(Ch) n 15 above at [24]^[27];Sempra (CA) n 20 above at [53].44 [2......