Le Marechal v WSS (Western) Ltd and Another
| Jurisdiction | England & Wales |
| Judgment Date | 09 December 1992 |
| Date | 09 December 1992 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Practice - damages miscalculation - no new trial
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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