Blue Sky One Ltd and others v Mahan Air and another, PK Airfinance US Inc v Blue Sky Two Ltd and others [2010] EWHC 631 (Comm), [2010] All ER (D) 02 (Jun)
The general rule in respect of wrongful interference with goods was that the measure of damages was the market value of the goods at the time when the defendant expropriated them. The principle that a claimant with only a limited interest in converted goods could not recover their full value was limited to cases where the defendant had a proprietary interest in the goods. In that situation damages would be decreased to take account of contractual rights to payment.
In the case of a breach of contract to lend money nominal damages were usually given for the reason that usually if a man could not get money in one court he could get it in another. The position was different where the intended borrower was of good credit but could not obtain the money except at a higher rate of interest or for a shorter term of years or upon more onerous terms.
In measuring the
