McGregor on Damages (18th Edition), 2nd Supplement

The 2nd supplement to the 18th edition of McGregor on Damages brings the main work up to date and deals with all the developments in the law relating to damages since the publication of the main work.

The new supplement includes significant decisions of the Supreme Court such as:

• The Supreme Court in the false imprisonment case of R.(on the application of Lumba (Congo)) v Secretary of State for the Home Department decides whether vindicatory damages are recoverable for infringement of a right, the right infringed being in Lumba the right to liberty rather than the right to reputation
• The Supreme Court in Sienkiewicz v Greif (UK) Ltd has endorsed an important extension to the Fairchild rule and on grounds different from the Court of Appeal

And a number of important decisions which have been handed down by the Court of Appeal:

• The Court of Appeal in the remarkable case of Ramzan v Brookwide Ltd ran through the whole gamut of damages arising from trespass by expropriation of land, all of which is given extended consideration, and also came up with new angles on exemplary damages and on interest
• The Court of Appeal in Co-operative Group (CWS) Ltd v Pritchard tackled the question of whether contributory negligence applies to an intentional tort and touched on the question of whether provocation can reduce the damages for an intentional tort
• The Court of Appeal in Vasiliou v Hazigeorgiou, in allowing damages for loss of restaurant profits, was once again adamant that there was no room for a discount on loss of a chance grounds
• The Court of Appeal in The Law Debenture Trust Corporation plc v Electrim SA, where the damages turned on the valuation of company assets by third parties, held that, however difficult, the valuation had to be made and the loss of a chance doctrine did not come into the decision
• Scope of duty, remoteness, foresee-ability and causation dominated in Conarken Group Ltd v Network Rail Infrastructure Ltd where the Court of Appeal held that the claimants, whose rail tracks were damaged by road drivers thereby disrupting rail services, were entitled to recover in damages the contractual compensation they had to pay the train operating companies
• The Court of Appeal in Haugesund Kommune v Depfa ACS Bank held solicitors not liable in contract for loss suffered by a bank misadvised by the solicitors because the loss did not fall within the scope of the solicitors’ duty

In Van der Garde v Force India Formula One Team Ltd the question whether, where contractual services have not been rendered or not fully rendered, the market value of the services is recoverable as damages finally comes up for decision.