The following Dispute Resolution practice note Produced in partnership with Lina Mattsson of Hardwicke Chambers provides comprehensive and up to date legal information covering:
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.
For general guidance on damages, see Practice Note: The remedy of damages—general principles.
For guidance on equitable remedies in tort claims, see Practice Note: Seeking equitable remedies in tort claims.
For guidance on damages for loss of a chance, see Practice Note: Loss of chance damages.
For a summary of the key distinctions between claiming damages in tort compared with claiming damages in contract, see Practice Note: Claiming damages—tort and contract claims compared.
Damages in tort are in general compensatory, ie they aim (subject to the rules of remoteness and mitigation) to make the claimant whole—ie to put the claimant in the position they would have been in had the tort not been committed—but no more than that.
This applies not only to negligence and similar torts, but also to torts such as conversion and deceit.
However, this general rule is subject to three qualifications:
restitutionary recovery (see below) may be allowed in respect of certain torts to deprive a defendant of their profits, although this is not a remedy generally available. For further guidance on claims in restitution more generally and seeking an account of profits, see: Restitution and unjust enrichment—overview
in certain proprietary torts, notably trespass and conversion, damages may be quantified by the value to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.