Damages
Court of Appeal decision on mitigation of loss
The Court of Appeal has held that an innocent party did not fail to take reasonable steps to mitigate its loss by not permitting the party that was in breach of contract to modify the faulty product it had supplied: Manton Hire & … Continue reading
UK Supreme Court confirms FSA not required to give cross-undertaking in damages
In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction in the course of its public functions, should be required to give a cross-undertaking in damages … Continue reading
Filed under Damages, Injunctions
Court of Appeal considers limits of recoverable loss in contract
The Court of Appeal has considered the correct approach to determining when a type of loss caused by a breach of contract should nonetheless be regarded as too remote to be recovered by the innocent party, introducing a potential important … Continue reading
Court of Appeal amends timing of 10% increase in general damages: no double whammy for defendants
In response to an application by the Association of British Insurers, the Court of Appeal has amended its previous guidance that the 10% increase in general damages should apply to all cases where judgment is given after 1 April 2013 … Continue reading
Filed under Damages
Court of Appeal confirms 10% increase in general damages from April 2013
The Court of Appeal has confirmed that general damages will increase by 10% where judgment is given after 1 April 2013: Simmons v Castle [2012] EWCA Civ 1039. The increase will apply to damages for: pain, suffering and loss of amenity … Continue reading
Recent cases on difficult issues in the law of damages
The law of damages might at times seem the “poor cousin” of commercial litigation, with both litigants and courts focusing much more time and attention on the principles relating to liability. However, two recent judgments show that the assessment of … Continue reading
Filed under Damages
Court of Appeal reins in “loss of a chance” approach in commercial claims
In Law Debenture Trust Corporation PLC v Elektrim SA [2010] EWCA Civ 1142, the Court of Appeal has suggested that the courts should not be too ready to apply the “loss of a chance” approach to assessing damages in a … Continue reading
Filed under Damages
The limit of contractual damages addressed by the Commercial Court
The recent case of Sylvia Shipping Co Limited v Progress Bulk Carriers Limited [2010] EWHC 542 (Comm) provided the High Court with an opportunity to consider the law on damages and, in particular, whether the law on remoteness had been … Continue reading
Contractual damages
The judgment of the House of Lords in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48 considered the law on recoverable damages following a breach of contract. Although all members of the House were in agreement … Continue reading
Recovery of management and staff costs
In a decision which has provided valuable guidance in resolving an area of legal uncertainty, the Court of Appeal has clarified the conditions which need to be fulfilled for payments made towards management and staff costs to be recoverable as … Continue reading
