Damages CASES
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.
Definition and Principles
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.
Types of Damages
- Compensatory Damages: Cover actual losses and harm.
- Nominal Damages: Symbolic sums awarded when rights are breached but no actual harm occurs.
- Liquidated Damages: Pre-agreed sums specified in contracts for specific breaches.
- Exemplary (Punitive) Damages: Rarely awarded, intended to punish egregious misconduct.
Limitations
Damages must be foreseeable, directly linked to the breach or wrongful act, and reasonably quantifiable.
Practical Importance
Understanding damages ensures parties appreciate their potential liability, promoting responsible conduct and fair remedies.
Home » Damages
Lithuanian chicken catchers brought claims against their employer company and its directors for systematic exploitation including underpayment below agricultural minimum wage, unlawful deductions for employment fees and accommodation, and failure to pay holiday pay. The court granted summary judgment for claimants and held directors personally liable for inducing breaches of...
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...
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...
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...
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...
A passenger injured in a Hong Kong road accident appealed against damages awarded. The Privy Council considered whether courts should compare awards across jurisdictions and whether future loss of earning capacity required specific pleading and evidence. The appeal succeeded in part, deleting the unpleaded and unproven future earning capacity award....
Two British servicemen stationed in Malta were involved in a road accident. The plaintiff sued in England for damages including pain and suffering, which were not recoverable under Maltese law. The Court of Appeal held English law applied to assess damages, awarding £2,303 rather than the £53 available under Maltese...
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...
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...
Senior employees of QBE’s British Marine unit covertly planned a rival P&I business with PRO, soliciting colleagues, misusing confidential information and courting brokers while still employed. The High Court found extensive breaches of fidelity, fiduciary and confidentiality duties, granted springboard injunctions and awarded substantial damages, although most non‑compete covenants were...
Performance Cars’ Rolls-Royce was damaged in two minor collisions before repairs were done. The first already required an expensive respray. The Court of Appeal held the second driver was not liable for that cost because his negligence caused no additional need to respray. Facts On 25 February 1960 the defendant,...
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...
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...
A woman severely injured in a motorcycle accident driven by her partner (later husband) claimed damages including the value of care he provided. The House of Lords held that a plaintiff cannot recover damages for gratuitous care services rendered by the tortfeasor himself, as such damages must be held on...
Parents of two girls killed in the Hillsborough disaster claimed damages under the Law Reform (Miscellaneous Provisions) Act 1934 for injuries suffered before death. The House of Lords upheld findings that no compensable injury occurred before the swift fatal crushing, and that fear alone cannot ground a damages claim. Facts...
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...
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...
Two appeals concerning building contracts with clauses prohibiting assignment without consent. The House of Lords held that such prohibition clauses are valid and effective to prevent assignment of contractual rights. However, an original contracting party can recover substantial damages for breach even after parting with property, applying the Dunlop v...
The plaintiffs purchased a hairdressing salon after the defendant falsely represented he would not work at his nearby competing salon. When business declined due to the defendant's continued local practice, the plaintiffs claimed damages for fraudulent misrepresentation. The Court of Appeal confirmed that loss of profits is recoverable in deceit...
CTN Cash and Carry paid £17,000 to Gallaher for stolen cigarettes after Gallaher threatened to withdraw credit facilities. Gallaher genuinely but mistakenly believed payment was owed. The Court of Appeal held that lawful commercial pressure exercised in bona fide pursuit of a believed debt did not constitute economic duress enabling...
Argyll closed their Safeway supermarket in breach of a lease covenant requiring them to keep premises open for retail trade. CIS sought specific performance to compel continued trading. The House of Lords refused, holding that courts will not normally order specific performance requiring a defendant to carry on a business,...
A car dealer sued a buyer who repudiated a contract to buy a new car. Since demand for the car exceeded supply, the dealer easily resold it without loss. The court awarded only nominal damages, finding no actual loss of profit. Facts The plaintiff, Mr Charter, was a motor car...
Facts The plaintiffs, Anglia Television Ltd., planned to produce a television film and incurred significant expenses in preparation before securing a lead actor. These pre-production costs, totalling over £2,750, included fees for a director, a designer, a stage manager, and other critical staff. In August 1968, they contracted with the...
Facts The plaintiff, Mr. Addis, was employed by the defendant, Gramophone Company Ltd., as their manager in Calcutta, India. His employment contract stipulated a salary of £15 per week and a commission on trade done. The contract was terminable upon six months’ notice. In October 1905, the company gave Mr....