Wiseman v Virgin Atlantic Airways Ltd

Wiseman v Virgin Atlantic Airways Ltd

Only the claimant's personal expenses directly resulting from the breach are recoverable; all other claimed losses are too remote or not recoverable in contract.

Source-derived case information.

Parties
Claimant: Raphael Wiseman; Defendant: Virgin Atlantic Airways Ltd
Jurisdiction
England and Wales
Judgment Date
29 June 2006
Procedural Posture
Civil / Judgment
Outcome
Claim partly allowed
Legal Topics
Breach of Contract, Remoteness of Damages, Quantification of Damages
Contract Law Breach of Contract Remoteness of Damages Quantification of Damages

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Summary, issues, holding and outcome

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Parties

Raphael Wiseman

Claimant

Virgin Atlantic Airways Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant breached the contract by refusing to allow the claimant to board the return flight.
  2. 2 What damages are recoverable for breach of contract, including pecuniary and non-pecuniary losses.
  3. 3 Whether losses claimed for embarrassment, mental distress, expenses of third parties, and consequences of supervening events are too remote.

Ratio Decidendi

Only the claimant's personal expenses directly resulting from the breach are recoverable; all other claimed losses are too remote or not recoverable in contract.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay claimant £2,147.24 in damages for breach of contract.
  • Defendant to pay interest at 8% per annum on the awarded sum.