England and Wales Case Law

Darren Cavanaugh v Folsana Pressed Sections Limited

The employer acted with reasonable and proper cause in suspending and investigating the claimant; the manner of suspension and disciplinary process was not unreasonable or in breach of duty; psychiatric injury was not reasonably foreseeable prior to mental health notifications; adjustments were made in response to notifications; no breach of duty was established; and any psychiatric injury would have occurred in any event due to dismissal, not pre-dismissal breaches.

Source excerpt

• Implied contractual duty of mutual trust and confidence
• Duty of care for psychiatric injury
• Suspension pending investigation
• Disciplinary process
• Foreseeability of psychiatric injury
• Mental health notifications

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Geofabrics Ltd v Fiberweb Geosynthetics Ltd

Geofabrics Ltd v Fiberweb Geosynthetics Ltd [2022] EWHC 2363 (Pat) (27 September 2022)

Patent damages inquiry concerning Tracktex sales, counterfactual pricing, lost profits, remoteness, and interest following a finding of infringement.

• Patent infringement
• Damages assessment
• Lost profits
• Causation and remoteness
• Loss of a chance
• Market counterfactuals

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Playboy Club London Ltd v Banca Nazionale Del Lavora SPA

The High Court allowed Playboy Club London Ltd to amend its deceit claim to add a head of loss for costs from earlier negligence proceedings.

• Amendment of pleadings
• Damages for deceit
• Costs as damages
• Causation and remoteness
• Mitigation of loss
• Amendment-of-pleadings

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The Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors

The Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2016] EWHC 2381 (Ch) (04 October 2016)

The High Court allowed Servier to re-amend its defence to plead that the claimants failed to mitigate loss by not encouraging switching to cheaper generic ACE inhibitors.

• Mitigation of loss
• Contributory negligence
• Causation and remoteness
• Amendment of pleadings
• Abuse of dominance
• Anti-competitive agreements

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OOO Abbott & Anor v Design & Display Ltd & Anor

Account of profits after patent infringement: the court included profits from panels with infringing inserts, allowed only limited direct-cost deductions, and rejected a late section 62(1) defence.

• Account of profits
• Patent infringement
• Allowable deductions
• Causation and remoteness
• Scope of inquiry
• Section 62(1) patents act 1977

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Flogas Britain Ltd v Calor Gas Ltd

Flogas Britain Ltd v Calor Gas Ltd [2013] EWHC 3060 (Ch) (16 October 2013)

The High Court assessed damages for admitted breach of confidence involving misuse of a customer database, preferring the defendant's expert methodology on causation and quantum.

• Breach of confidence
• Database right infringement
• Damages assessment
• Causation and remoteness
• Mitigation of loss
• Breach-of-confidence

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West & Anor v Ian Finlay & Associates (A Firm)

Architectural negligence claim over damp-proofing, M&E defects and slab issues in a domestic refurbishment. The court found breaches of duty and awarded damages, subject to deductions.

• Professional negligence
• Architect's duty of care
• Causation and remoteness
• Unfair contract terms
• Damages assessment
• Betterment

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Abbey Forwarding Ltd & Anor v Hone & Ors

Abbey Forwarding Ltd & Anor v Hone & Ors [2012] EWHC 3525 (Ch) (11 December 2012)

Judgment on a cross-undertaking in damages after a freezing order. Most of the defendants’ compensation claims failed for lack of causation, remoteness, or notice.

• Cross-undertaking in damages
• Freezing orders
• Compensation for losses
• Causation and remoteness
• Mitigation of loss
• Cross-undertaking-in-damages

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Jones v Environcom Ltd & Anor

Jones v Environcom Ltd & Anor [2011] EWCA Civ 1152 (13 October 2011)

The Court of Appeal refused an amendment on appeal to advance a new “no fire” claim against an insurance broker, and dismissed the appeal.

• Broker's duty of care
• Causation and remoteness
• Pleading amendments
• Scope of duty
• Loss of chance
• Insurance-broker-negligence

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Scullion v Bank of Scotland Plc (t/a Colleys)

Scullion v Bank of Scotland Plc (t/a Colleys) [2010] EWHC 2253 (Ch) (08 October 2010)

The High Court held a negligent valuer liable for rental shortfall losses in a buy-to-let mortgage case, but refused capital-loss damages and contributory negligence reduction.

• Valuer's duty of care
• Scope of damages in negligence
• Saamco principle
• Buy-to-let property valuation
• Causation and remoteness
• Contributory negligence

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