The First Supplement to the Twenty-First edition covers all the latest developments in the law of damages since publication of the Twenty-First Edition in December 2020. These include important decisions on causation, remoteness of damage and scope of duty of care, consequential loss and indemnity clauses, damages for a loss of a chance, exemplary damages, disgorgement of profits, penalties, taxation consequences, interest, damages for defamation, harassment and infringement of privacy, damages for personal injury, damages consequent upon death including dependancy claims.
Case updates include (note this is not an exhaustive list):
Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 and Khan v Meadows [2021] UKSC 21 which are two extremely important decisions of the Supreme Court of the United Kingdom, sitting with a panel of seven judges in each case, addressing the manner in which damages are limited across all of tort law by the concept of the scope of the defendant's duty. The first case concerned negligence by accountants and the second concerned negligence by a doctor.
Large v Hart [2021] EWCA Civ 24 - a decision prior to Manchester Building Society and Khan involving damages for the negligence of a surveyor, with scope of duty limitations consistent with the two Supreme Court decisions.
Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29, in which the Supreme Court of the United Kingdom addressed the anterior question to whether a clause is liquidated damages or a penalty, namely whether the clause applies to the circumstances or whether in the circumstances the general law rules of damages will apply.
Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1; [2021] 2 WLR 123, in which Lords Hamblen and Leggatt (with whom Lord Reed agreed) consider issues of how, and when, the "but for" test of causation of loss should apply in a claim for damages.
British Gas Trading Ltd v Shell UK Ltd [2020] EWCA Civ 2349, in which the Court of Appeal again considered the but-for test for causation in the context of a breach of contract by sellers of gas under long term agreements that obliged the sellers to maintain a capacity to deliver natural gas at a specified rate. PCP Capital Partners LLP v Barclays Bank Plc [2021] EWHC 307 (Comm) in which Waksman J considered the difficult question of what threshold there should be before recovery of damages will be permitted for loss of a commercial chance.
Swift v Carpenter [2020] EWCA Civ 1295, in which the Court of Appeal addressed and resolved the denial of reasonable compensation for the additional capital costs of special accommodation for personal injury in circumstances in which interest rates are negative.
Head v The Culver Heating Co Ltd [2021] EWCA Civ 34 in which, in a claim for damages for death, the Court of Appeal addressed the recovery of income during the lost years where the income arose from a company in which the claimant was the driving force.
