Le Marechal v WSS (Western) Ltd and Another

JurisdictionEngland & Wales
Judgment Date09 December 1992
Date09 December 1992
CourtCourt of Appeal (Civil Division)

Court of Appeal

Le Marechal
and
WSS (Western) Ltd and Another

Practice - damages miscalculation - no new trial

No new trial after damages error

The discretion given to the Court of Appeal to grant a new trial under Order 59, rule 11 (note 4) of the Rules of the Supreme Court so as to avoid a miscarriage of justice would not be exercised to obtain a reduction of an award of damages for wrongful dismissal agreed by the parties to have been wrongly calculated and excessive.

The Court of Appeal (Lord Justice McCowan and Lord Justice Hirst) so held on December 2 dismissing an appeal by the second defendant, Oyez Stationery Group plc, from the judgment of Judge Oddie in the Mayor and City of London's Court in November 1991 that they pay damages of £67,206 to the plaintiff, Mr Simon le Marechal.

LORD JUSTICE McCOWAN said that the judge's award of damages had been calculated by taking wrong tax rates into account.

The defendants argued that there had thereby been an injustice that could be resolved by the court exercising its discretion under Order 59 to remit the case so that further evidence...

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    • Michigan Law Review Vol. 91 No. 5, March 1993
    • 1 March 1993
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    • 22 March 1996
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    • Emerald Journal of Financial Crime No. 9-2, April 2001
    • 1 April 2001
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    • United States
    • Michigan Law Review Vol. 100 No. 3, December 2001
    • 1 December 2001
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