In English law, damages refer to monetary compensation awarded by courts to a party who has suffered loss or harm due to another’s wrongful conduct or breach of contract.
Damages aim to place the injured party in the position they would have been in had the breach or wrongful act not occurred. Compensation must reflect actual loss, not intended as punishment unless specifically permitted.
Damages must be foreseeable, directly linked to the breach or wrongful act, and reasonably quantifiable.
Understanding damages ensures parties appreciate their potential liability, promoting responsible conduct and fair remedies.
February 15, 2026
Ship buyers failed to provide documentation to open an escrow account, preventing the lodging of deposits under sale contracts. The Supreme Court held that the Mackay v Dick principle of deemed fulfilment of conditions precedent does not form part of English law. The sellers' remedy was in damages only, not...
February 14, 2026
Family members of Robert Crozier, who died of mesothelioma, claimed damages under the Damages (Scotland) Act 2011 despite his earlier settlement for asbestosis. The Supreme Court held that section 5 applies where someone dies of mesothelioma after discharging liability, regardless of whether mesothelioma existed at settlement. Facts Robert Crozier was...
February 14, 2026
Mr Evans sought opt-out collective proceedings for damages arising from FX trading infringements found by European Commission decisions. The Supreme Court allowed the appeal, reinstating the Tribunal’s refusal to certify opt-out proceedings, holding that claim weakness and practicability of opt-in proceedings were properly weighed against opt-out certification. Facts Mr Phillip...
January 18, 2026
Mrs Reynolds was arrested by police during a raid on her home, despite having no reasonable grounds for suspicion of involvement in an arrestable offence. She was detained for a day at Limehouse Police Station. The Court of Appeal upheld the jury's award of £12,000 damages for false imprisonment. Facts...
October 3, 2025
Mrs Shaw, on behalf of her late father’s estate, claimed additional damages for loss of personal autonomy after a fatal valve implant performed without properly informed consent. The Court of Appeal held that no separate compensatory, vindicatory or conventional damages were available beyond standard personal injury damages. Facts Mr William...
October 3, 2025
Mr and Mrs Reilly were trapped in an overcrowded hospital lift for over an hour and claimed for psychological harm. The Court of Appeal held that mere fear, claustrophobia and transient physical symptoms without a recognisable psychiatric illness or physical injury are not actionable in negligence. Facts Mr and Mrs...
September 30, 2025
Following a negligently performed vasectomy and incorrect advice that Mr McFarlane was sterile, Mrs McFarlane became pregnant and gave birth to a healthy fifth child. The House of Lords held that while the mother could recover damages for pain and suffering from pregnancy and childbirth, neither parent could recover the...
September 29, 2025
A 64-year-old man exchanged insults with his younger neighbour's wife. When the 23-year-old neighbour confronted him, the older man threw a punch, receiving a severe blow to the eye in return. The Court held provocation cannot reduce compensatory damages for physical injury, only exemplary damages. Facts Mr Lane, a 64-year-old...
August 31, 2025
A contractor built a swimming pool 9 inches shallower than contracted. The pool remained safe and functional, with no diminution in value. The House of Lords held that the cost of rebuilding (£21,560) was unreasonable and disproportionate, awarding instead £2,500 for loss of amenity. Facts Mr Forsyth contracted with Ruxley...
August 31, 2025
Shipowners chartered a vessel stating she was 'expected ready to load about 1st July 1965' without reasonable grounds for that expectation. Charterers purported to cancel for force majeure when cargo was unavailable. The Court held the 'expected ready to load' clause was a condition, breach of which entitled charterers to...
March 15, 2026
National Case Law Archive
March 14, 2026
National Case Law Archive
March 14, 2026
National Case Law Archive