header-logo header-logo

15 February 2007 / Richard Lawson
Issue: 7260 / Categories: Features
printer mail-detail

Damage limitation

Richard Lawson considers the limits of recovery for damages for breach of contract

In Wiseman v Virgin Atlantic Airways Ltd [2006] EWHC 1566 (QB), [2006] All ER (D) 344 (Jun) Dr Raphael Wiseman sought compensation for extra hotel accommodation and related expenses after being wrongly turned away from his flight from Nigeria to London. The High Court accepted that the action was subject to the contemplation formula laid down in Hadley v Baxendale (1854) 23 LJ Ex 179, [1843-60] All ER Rep 461. The relevant costs were allowed in Wiseman, precedent being provided by Hamlin v Great Northern Rly Co (1856) 1 H & N 408, 26 LJ Ex 20 and Woodger v Great Western Rly Co (1867) LR 2 CP 318, 36 LJCP 177.

Alternative transport

It is not entirely clear that a claim for hiring alternative transport would be unsupported in principle. In Le Blanche v London and North Western Rly Co (1876) 1 CPD 286, 40 JP 580 a passenger found that his connection had left. He hired a special train which arrived earlier than the train he could otherwise have caught. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll