Everyone Has Their Price – An update on Damages 2010 – by Marion Smith

Everyone Has Their Price – An update on Damages 2010 – by Marion Smith


CategorySeminar Archive Author Marion Smith QC Date

This seminar is a repeat of the one on the 9th March.

Every claimant wants to know how much it can recover. Every lawyer knows that the answer to this simple question requires an understanding and appreciation of a complex and rapidly developing area of law. This practical workshop aims to help, and will look at the following questions, each considered by the courts in the 12 months:

  • Did the House of Lords in “The Achilleas” lay down a completely new test for recoverability of contractual damages?
  • When should damages be assessed by reference to the benefit gained by the wrongdoer rather than the loss actuallly suffered by the innocent party?
  • When is it appropriate to use damages to punish rather than to compensate?
  • How should damages be apportioned between a fraudulent defendant and a non-fraudulent co-defendant?
  • What should be the approach to a liquidated damages clauses negotiated between commercial parties?


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