swarb.co uk law index - Damages

[David Swarbrick]

I have fallen behind a bit so will be catching up over the next few days.
April is a quiet month for reports anyway

Swarbrick & Co _ Solicitors _ 22 Bradford Road, Brighouse
____ __ ____ _ _ _| |__ __ ___ _ _| | __ West Yorkshire HD6 1RW, UK
(_-< V V / _` | '_| '_ \_/ _/ _ \| || | |/ / Tel: +44 (0)1484 722531
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Topic/Monthly Index April 21, 1997

*
Damages Court: ChD Report: Times Date: March 25,
1997
Maes Finance Ltd & an v A L Philips & Co (a Firm)
Plea of contributory negligence may be raised after judgment before
assessment
Act:
*
Damages Court: QBD Report: Times Date: March 10,
1997
R v Secretary of State for the Home Department ex p Atlantic Commercial (UK)
Ltd
Compensation for miscarriage of justice is payable to natural persons only
Act: Criminal Justice Act 1988 133
*
Damages Court: QBD Report: Times Date: February 21,
1997
British Sugar plc v NEI Power Projects Ltd & an
'consequential loss' is that over and above directly from contract breach
Act:
*
Damages Court: CA Report: Times Date: February 20,
1997
Thompson v Commissioner of Police for the Metropolis; Hsu v Same
Guideline max 50k award against police for wrongful arrest; cf personal
injury
Act:
*
Damages Court: ChD Report: Gazette Date: December 13,
1996
Corporacion Nacional del Cobre
No defence of contributory negligence against allegation of corruption
Act:
*
Damages Court: CA Report: Gazette Date: December 13,
1996
Gardner & an v Marsh and Parsons (a Firm) & an
Damages against surveyor not reduced for repairs carried out by landlord
Act:
*
Damages Court: HL Report: Gazette Date: December 13,
1996
Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd &
an
Deceitful wrongdoer is liable for all actual damage flowing from wrong
Act:
*
Damages Court: CA Report: Times Date: December 2,
1996
Gardner & an v Marsh and Parsons (a Firm) & an
Damages against surveyor not reduced for repairs carried out by landlord
Act:
*
Damages Court: HL Report: Times Date: November 22,
1996
Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd &
an
Deceitful wrongdoer is liable for all actual damage flowing from wrong
Act:
*
Damages Court: CA Report: Gazette Date: October 30,
1996
Bence Graphics International Ltd v Fasson UK Ltd
Damages for breach of warranty on sale of goods assessed by court
Act: Sale of Goods Act 1979 53(3)
*
Damages Court: CA Report: Gazette Date: October 30,
1996
Wells v Wells; Thomas v Brighton Health Authority; Page v Sheerness Steel Co
plc
Damages for future losses to be set on basis of reasonable investors
objectives
Act:
*
Damages Court: CA Report: Times Date: October 24,
1996
Bence v Graphics International Ltd v Fasson UK Ltd
Loss for latent defect discovered after sale on was P's actual loss
Act:
*
Damages Court: CA Report: Times Date: October 24,
1996
Wells v Wells; Thomas v Brighton Health Authority; Page v Sheerness Steel Co
Plc
Rate of return on damages investement to be what prudent investor might
achieve
Act:
*
Damages Court: HL Report: Gazette Date: September 4,
1996
South Australia Asset Management Corporation v York Montague Ltd; similar
Responsibility for negligent overvaluation not to include losses from value
fall
Act:
*
Damages Court: CA Report: Gazette Date: August 29,
1996
Dobson & An v North Tyneside Health Authority & an
Autopsy process did not transform body part into object capable of ownership
Act: Coroners Rules 1984 (SI 1984 552)
*
Damages Court: CA Report: Times Date: August 14,
1996
St Albans City and District Council v International Computers Ltd
Damages for revenue lost for faulty software reduced for later recovery by
tax
Act:
*
Damages Court: ECJ Report: Gazette Date: May 30,
1996
Unifruit Hellas EPE v EC Commission
Action for damages under Treaty is autonomous action; loss not defeat other
clai
Act: European Union Treaty art 178
*
Damages Court: PC Report: Times Date: May 16,
1996
Lion Nathan Ltd et al v CC Bottlers Ltd et al (New Zealand)
Damages for breach of warranty of forecast income; actual income best start
Act:
*
Damages Court: CA Report: Gazette Date: May 1,
1996
Kennedy v K B Van Emden & Co; Jordan v Gershon Young Finer & Green & similar
Assessment of damages for solicitors negligence not a mechanical use of rules
Act:
*
Damages Court: CA Report: Times Date: April 5,
1996
Kennedy v K B Van Emden & Co; Jordan v Gershon Young Finer & Green & similar
Assessment of damages for solicitors negligence not a mechanical use of rules
Act:
*
Damages Court: ChD Report: Times Date: March 15,
1996
Chiron Corporation et al v Murex Diagnostics Ltd (No 11)
Large interim award proper if less than likely damages despite issues of fact
Act:
*
Damages Court: PC Report: Times Date: February 15,
1996
Invercargill City Council v Hamlin (New Zealand)
LA liable for economic losses for negligent inspection of house in New
Zealand
Act:
*
Damages Court: PC Report: Gazette Date: February 7,
1996
Personal Representatives of Tang Man Sit v Capacious Investments Ltd
Action for account is alternative not cumulative to claim for damages
Act:
*
Damages Court: CA Report: Times Date: January 30,
1996
Scotland v Commissioner of Metropolitan Police
False imprisonment - J to give guidance only to jury on possible damages
awards
Act:
*
Damages Court: CA Report: Gazette Date: January 17,
1996
Birse Construction Ltd v Haiste Ltd
Contribution order only proper where the damage caused was the same damage
Act: Civil Liability (Contribution) Act 1978 2
*
Damages Court: CA Report: Ind' Summar Date: December 18,
1995
Birse Construction Ltd v Haiste Ltd et al
'the same damage' must be damage suffered by the same person to claim
contrib'n
Act: Civil Liability (Contribution) Act 1978 2
*
Damages Court: CA Report: Times Date: December 12,
1995
Birse Construction Ltd v Haiste Ltd
Contribution order only proper where the damage caused was the same damage
Act:
*
Damages Court: CA Report: Times Date: December 11,
1995
First Interstate Bank of California v Cohen Arnold & Co
Damages for loss of chance recoverable, but must be substantial not
speculative
Act:
*
Damages Court: QBD Report: Times Date: November 10,
1995
Thomas v Brighton Health Authority
Test for investment returns is whether index linked gilts give more sure
return
Act:
*
Damages Court: CA Report: Gazette Date: November 8,
1995
Stovold v Barlow
Damages for loss of sale is loss opportinuity not simple eventual drop in
price
Act:
*
Damages Court: CA Report: Times Date: October 30,
1995
Stovold v Barlows
Damages for loss of sale of house were assessed at loss of chance of sale
Act:
*
Damages Court: CA Report: Gazette Date: October 18,
1995
Western Web Offset Printers Ltd v Independent Media Ltd
Damages for loss after repudiation werefor full loss of profits
Act:
*
Damages Court: CA Report: Times Date: October 10,
1995
Western Web Offset Printers Ltd v Independent Media Ltd
Damages for repudiation of contract not limited by plaintiffsspare work
capacity
Act:
*
Damages Court: CA Report: Gazette Date: September 15,
1995
Brown v KMR Services Ltd
Claims against underwriters are separate for each year, set-off not allowed
Act:
*
Damages Court: CA Report: Independent Date: September 13,
1995
Brown v KMR Services Ltd
The scale of losses alone do not make damages claim too remote if forseeable
Act:
*
Damages Court: HL Report: Gazette Date: September 6,
1995
Ruxley Electronics and Construction Ltd v Forsyth
Damages for wrong depth of swimming pool limited to loss of amenity only
Act:
*
Damages Court: QBD Report: Times Date: July 3,
1995
Frost et al v Chief Constable of South Yorkshire
Trained rescuers have higher distress threshhold and to show particular case
Act:
*
Damages Court: QBD Report: Times Date: June 29,
1995
Deeny et al v Gooda Walker Ltd et al (No 4)
Effect of taxation irrelevant for damages but not for interest awards
Act:
*
Damages Court: CA Report: Ind' Summar Date: June 26,
1995
White Arrow Express Ltd et al v Lamey's Distribution Ltd
P claiming to have contracted for delux service not normal to show difference
Act:
*
Damages Court: CA Report: Times Date: June 22,
1995
Saddington v Colleys Professional Services & another
High valuation of mortgaged property which might lead to loss not a proper
claim
Act:
*
Damages Court: CA Report: Times Date: June 15,
1995
Shepherd v Post Office
Divorced and remarried W returning to H is possible dependant of first H
Act: Fatal Accidents Act 1976 1-3-a
*
Damages Court: CA Report: Ind' Summar Date: May 8,
1995
Knutt & an v Bolton et al
Damages for distress not available to house buyer against architect
Act:
*
Damages Court: QBD Report: Times Date: May 3,
1995
Gamerco SA v ICM/Fair Warning (Agency) Ltd & an
C has broad discretion to set off expenses against repayment of advance
Act: Law Reform (Frustrated Contracts) Act 1943 1-2
*
Damages Court: IHCS Report: Times Date: April 13,
1995
Robertson v Forth Bridge Joint Board (Scotland)
No duty as regards nervous shock to employee seeing co-worker die
Act:
*
Damages Court: CA Report: Ind' Summar Date: March 27,
1995
Crimpfil Ltd v Barclays Bank plc
Interim damages usually limited to certain recovery, but not so in rules
Act:
*
Damages Court: CA Report: Gazette Date: March 22,
1995
Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd et al; others
Damages for negligent valuation included losses attributable to general
market
Act:
*
Damages Court: CA Report: Independent Date: March 17,
1995
Malik & an v Bank of Credit and Commerce International SA
No compensation for stigma of innocent workers having worked for fraudulent
bank
Act:
*
Damages Court: CA Report: Times Date: March 2,
1995
Wood v Law Society
Law Society complaints procedure is not there to relieve complainant's
distress
Act:
*
Damages Court: CA Report: Times Date: February 24,
1995
Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd et al appeals
Damages for negligent over valuation to include losses from market fall
Act:
*
Damages Court: CA Report: Times Date: February 24,
1995
Crimpfil Ltd v Barclays Bank plc
Power to award interim damages is extremely wide - wrongful loan termination
Act:
*
Damages Court: CA Report: Gazette Date: February 22,
1995
Cumber v Chief Constable of Hampshire Constabulary
Award of exemplary damages without compensatory damages was perverse
Act:
*
Damages Court: CA Report: Times Date: January 3,
1995
GMTC Tools and Equipment Ltd v Yuasa Warwick Machinery Ltd
P must be allowed to frame his damages in way he chooses - not imposed by J
Act:
*
Damages Court: QBD Report: Times Date: November 21,
1994
Firsteel Cold Rolled Products Ltd v Anaco Precision Pressings Ltd
No claim for stress caused to company even via stress caused to personnel
Act:
*
Damages Court: QBD Report: Times Date: October 25,
1994
Treadaway v Chief constable of West Midlands
Damages for serious assault by police not reduced for character of plaintiff
Act:
*
Damages Court: QBD Report: Independent Date: September 23,
1994
Treadaway v Chief Constable of West Midlands
Torture of suspect by police justified aggravated and exemplary damages -
50000
Act:
*
Damages Court: HL Report: Gazette Date: September 7,
1994
Hunt v Severs
Cost of voluntary care by family member recovered but on trust for carer
Act:
*
Damages Court: CA Report: Gazette Date: June 8,
1994
Smith New Court Sec Ltd v Scrimgeour Vickers (Asset Management) Ltd
Loss calculated on value of shares as if no fraudulent misrepresentation
Act:
*
Damages Court: CA Report: Times Date: May 18,
1994
Hepworth Building Products Ltd v British Coal Corporation
Compensation for damage re mining subsidence only not consequential loss
Act: Coal Act 1975 2-4
*
Damages Court: CA Report: Times Date: May 18,
1994
Hepworth Building Products Ltd v British Coal Corporation
Compensation for damage re mining subsidence only not consequential loss
Act: Coal Industries Act 1975 2-4
*
Damages Court: HL Report: Independent Date: May 5,
1994
Hunt v Severs
Damages recovered for voluntary care by family member but held on trust
Act:
*
Damages Court: CA Report: Times Date: May 4,
1994
Page v Smith
Pure nervous shock requires psychiatric injury to be forseeable
Act:
*
Damages Court: HL Report: Times Date: May 2,
1994
Hunt v Severs
Damages recovered for voluntary care by family member but held on trust
Act:
*
Damages Court: CA Report: Gazette Date: April 20,
1994
Smith New Court Sec Ltd v Scrimgeour Vickers (Asset Management) Ltd
Shares valued as if market knew all save misrepresentation causing claim
Act:
*
Damages Court: HL Report: Times Date: March 23,
1994
Balfour Beatty Construction (Scitland) Ltd v Scottish Power plc
Supplier not imputed with knowledge of purchasers technical processes
Act:
*
Damages Court: ChD Report: Times Date: March 9,
1994
Gillette UK Ltd & An v Edenwest Ltd
Innocence is no bar to damages if trade mark infringed / passing off
Act:
*
Damages Court: CA Report: Times Date: March 8,
1994
Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Man) Ltd
Shares purch'd after fraudulent Misrep - valued absent misrep in market
Act:
*
Damages Court: QBD Report: Times Date: March 7,
1994
Banque Bruxelles Lambert SA v Eagle Star Ins Co Ltd et al
Valuer liable for loss from overvaluation - but not from fall in market
Act:
*
Damages Court: CA Report: Times Date: March 3,
1994
M & an v Newham LBC et al; X v Bedfordshire CC
LA not liable in damages for breach of Statutory Duty in Social Services
Act:
*
Damages Court: CA Report: Independent Date: March 2,
1994
Marc Rich & Co AG v Bishop Rock Marine Co Ltd; The Nicholas H
Duty of care does not vary with nature of damage - physical/financial
Act:
*
Damages Court: CA Report: Independent Date: February 24,
1994
M (a minor) & an v Newham LBC; P et al (minors) v Bedfordshire CC
No damages for breach of statutory duty in child care cases
Act:
*
Damages Court: Chd Report: Times Date: February 23,
1994
Malik & An v Bank of Credit and Commerce International SA
No claim by ex employee for stigma from former employment
Act:
*
Damages Court: QBD Report: Independent Date: February 22,
1994
R v Northavon DC ex p Palmer
No damages for breach of public law duty to ask why homeless
Act:
*
Damages Court: HL Report: Times Date: February 16,
1994
AG of Ghana v Texaco Overseas Tank Ships Ltd
Damages for non-delivery to be set in context where to be delivered
Act:
*
Damages Court: CA Report: Ind' Summar Date: February 14,
1994
Marc Rich & Co AG v Bishop Rock Marine Co Ltd; The Nicholas H
Parties relationship to be taken into account in assessing extent of damage
Act:
*
Damages Court: CA Report: Independent Date: January 25,
1994
Watts v Aldington; Tolstoy v Aldington
Agreement to accept reduced payment from one defendant didn't release others
Act:
*
Damages Court: CA Report: Ind' Summar Date: January 24,
1994
Beoco Ltd v Alfa Laval Co Ltd
No economic loss damages after supervening incident prevents return to work
Act:
*
Damages Court: CA Report: Times Date: January 12,
1994
Beoco Ltd v Alfa Laval Co Ltd & An
Tort loss of profit principles can apply in contract cases for damages
Act:
*
Damages Court: ChD Report: Times Date: December 15,
1993
Obagi v Stanborough (Developments) Ltd et al
Loss of profit claim allowed if substantial not speculative possibility
Act:
*
Damages Court: QBD Report: Times Date: December 7,
1993
Johnson Matthey plc v Eros Castings Ltd et al
Costs on an indemnity basis should be made only in rare circumstances
Act: RSC 62 3-4
*
Damages Court: CA Report: Times Date: November 24,
1993
Littrell v Government of the United States of America & An
US airman cannot sue his government in the English courts
Act: 1951 NATO Agreement
*
Damages Court: CA Report: Times Date: November 19,
1993
Stringman v McArdle
Judge considering interim damages need not consider use of damages
Act: RSC rule 11
*
Damages Court: CA Report: Times Date: October 19,
1993
Mason v Nwokorie
Common law award to be set off against damages awarded under Housing Act 1988
s2
Act:
*
Damages Court: QBD Report: Times Date: October 13,
1993
McLeish v Amoo-Gottfried & Co
Damages given mental distress for solicitor's neg in criminal defence
Act:
*
Damages Court: CA Report: Gazette Date: August 2,
1993
Gilsenan v Commissioner of Police for the Metropolis
Action concluded after raising of CC limit still bound to 5,000 limit
Act:
*
Damages Court: CA Report: Independent Date: July 27,
1993
Lonhro plc et al v Fayed and others
Damages for loss of reputation recoverable only in action for defamation
Act:
*
Damages Court: OR Report: Times Date: June 30,
1993
McConville et al v Barclays Bank plc et al
No damages for distress to customers from unauthorised ATM withdrawals
Act:
*
Damages Court: ChD Report: Times Date: June 17,
1993
Arab Monetary Fund v Hashim and Others (No 8)
Leave to amend def to a claim for contribution granted - not issue of fact
Act:
*
Damages Court: QBD Report: Times Date: June 15,
1993
The Lu Shan
Interest to be calculated before compromising claim
Act:
*
Damages Court: CA Report: Times Date: June 10,
1993
Cargill International SA v C. P. N. Tanders (Bermuda) Ltd
Meaning of 'loss or damage' extended to cover not just physical loss
Act:
*
Damages Court: CA Report: Ind' Summar Date: May 17,
1993
Royscott Commercial Leasing Ltd v Ismail
Claim under indemnity is for debt not breach so no requirement to mitigate
Act:
*
Damages Court: CA Report: Independent Date: May 13,
1993
Hunt v Severs
P can claim for loss of tortfeasors voluntary care from tortfeasor
Act:
*
Damages Court: CA Report: Times Date: May 13,
1993
Hunt v Severs
Plaintiff voluntarily cared for by Tortfeasor still eligible for damages
Act:
*
Damages Court: CA Report: Ind' Summar Date: May 3,
1993
Ministry of Defence v Ashman & An
Mesne profits are cost of alternative Local Auth Housing
Act:
*
Damages Court: CA Report: Gazette Date: September 2,
1992
Mattocks v Mann
P to recover cost of car hire till repair bill paid by insurers
Act:
*
Damages Court: HL Report: Gazette Date: January 22,
1992
Alcock et al v Chief Constable of South Yorkshire Police
Viewing of disaster by relatives on television not same as being present
Act:
*
Damages Court: CA Report: Gazette Date: January 8,
1992
Watts v Morrow
Surveyors failure to spot defects - damages are diminution in value, not
repairs
Act:

Copyright: David Swarbrick 4/97
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--
David Swarbrick, Solicitor 22 Bradford Rd Brighouse HD6 1RW
Tel: +44(0)1484 722531 Fax: +44(0)1484 716617
da...@swarb.demon.co.uk http://www.law-services.org.uk/swarbrick/