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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 …
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 …
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 …
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 …
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 …
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 …
Penalty clauses - recent cases
It is often difficult for contract drafters to know whether a term which provides for financial consequences of a certain event will be construed as a …
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 …
House of Lords ruling expands availability of compound interest
The House of Lords has held that compound interest is recoverable in a claim for restitution of money paid under a mistake of law and, although strictly …
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 …
Damages for “loss of a chance”: Court can use hindsight
A recent Court of Appeal judgment confirms that, in assessing damages for loss of a chance in litigation, the court should normally have regard to …
Showing 95 out of 95 results
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