Actionable Damage CASES

In English law, actionable damage is the legally recognised loss needed to complete a cause of action in torts that are not actionable per se (for example, negligence). It is distinct from “damages”, which are the monetary remedy.

Definition and principles

There must be more than trivial loss (de minimis). Recognised heads include physical injury, property damage, and consequential financial loss; psychiatric injury is recoverable where it meets established control mechanisms. Pure economic loss is restricted in negligence unless a special duty arises. Some torts (for example, trespass to the person or land) are actionable without proof of damage.

Common examples

• Negligent driving causing minor but measurable injury or repair costs.
• Contamination or encroachment causing physical damage or substantial interference with use and enjoyment (nuisance).
• Negligent misstatement causing financial loss where a duty of care for advice exists.
• Claims failing where there is exposure to risk or breach without resulting loss.

Legal implications

• Without actionable damage, the claim fails and nominal damages are unavailable for damage-based torts.
• Limitation generally runs from the date damage first occurs (subject to latent damage and special regimes).
• Assessment is subject to causation, remoteness, and mitigation principles.

Practical importance

Focusing early on actionable damage sharpens pleadings, evidence, and valuation, and avoids pursuing claims that lack the necessary loss element.

See also: Damages; De minimis; Nominal damages; Negligence; Nuisance; Psychiatric injury; Pure economic loss; Limitation; Causation; Remoteness; Mitigation.