Court : House of Lords
..... entitled to damages for having been deprived of the value of this charterparty for the fifteen months or so up to the outbreak of the war. are they, however, entitled, as they claim, to be compensated on the basis that the charterparty would have continued for the whole length of its nominal term? 71. the owners advance their argument ..... 313). in in re thoars deceased ([2002] ewhc 2416(ch), unreported, 15 november 2002) the principle was invoked in the course of deciding whether a policy of life insurance had been transferred at an undervalue within the meaning of section 339 of the insolvency act 1986. the principle was again invoked in mckinnon v e survey ltd ([2003] ..... that the contingency would occur. this approach is well known and recognised in other areas of the law. it is commonplace in the assessment of damages for personal injuries to award a sum which reflects the chance that a condition such as osteoarthritis may set in. a clear example of the technique may be found in kitchen v .....
Tag this Judgment!Court : House of Lords
..... 39). the principle is sometimes referred to as the principle of restitutio in integrum : but it is manifest that no award of money can possibly compensate a man for such grievous injuries as the respondent in this case has suffered. the principle, therefore, affords little guidance in the assessment of damages for the pain and suffering ..... to prospective benefits or advantages. he may propose to make payments under covenants to relatives and others, with consequent taxation reliefs, or to maintain and possibly increase insurance premiums on life and endowment policies, or be content to enjoy the minimal benefits of earning a large salary under a system of high taxation with a view ..... plaintiffs are persons whose tax liability would make but little difference to the amounts awarded, and taxation is now far higher than it was before the last war. moreover, the sums awarded in these cases are generally on a considerably higher scale than formerly. this is no doubt partly due to the fall in the .....
Tag this Judgment!Court : House of Lords
..... .s. altai rests with you, and that any claims he may put forward should he consider the price you fixed inadequate, and should he desire to be compensated for loss of interest, warehouse and insurance expenses while the goods will be stored here, will be dealt with by you. with reference to our conversation of to-day, it is agreed that you ..... not inform him that he had 27,000 of the firm's money in his possession. a suggested explanation is that renny had reason to suppose that it would be injurious to kolbin if the russian government became aware that there was a large sum to his credit in england. in 1925 renny became financially embarrassed, and in march 1925 he ..... rely on any authority under this head. the defence of the realm regulations appear to me equally to afford no aid to the defenders. the relevant powers of the war office over war material were derived from two regulations, 2 b and 2 e.* by 2 b it is provided that "it shall be lawful for the army council to take possession .....
Tag this Judgment!Court : House of Lords
..... natural justice and the practice and theory of monarchy. from those writings it would appear that there was a duty on the eminent domain to compensate citizens in respect of injuries which it inflicted on them as being necessary for the general good. almost all the writings agree that there is a line, hard to define ..... act, 1939,which, speaking generally, was intended to provide compensation to persons affected by defined acts in exercise of emergency powers (including prerogative powers of the crown), and the war damage act, 1943, the purpose of which was to introduce a scheme of insurance as cover against war damage due to enemy action. the present case is strictly ..... and proprietors of the landsnecessary to be purchased, may insist on large and extravagant demands for the purchase of such landsor for the damage and injury they may pretend that they shall sustain by reason of such fortifications and intrenchments." it is odd that parliament should fear extravagant claims if the crown was .....
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