McGregor on Damages, 19th Edition By Harvey McGregor Qc


 McGregor on Damages, 19th Edition By Harvey McGregor Qc

Author Harvey McGregor Qc
Publication Date Aug, 2014
ISBN 9780414028470
Publisher Sweet & Maxwell

McGregor has been the leading authority on the law of damages for 150 years. It provides comprehensive coverage of the law, from detailed consideration of the general principles to specific heads of damages.

Related procedural issues are also covered, bringing the work up-to-date with the impact of the Civil Procedure Rules.

NEW FOR THE 19th EDITION of McGregor on Damages

  • The impact of the European Directive, implemented in the United Kingdom, on the damages to be awarded in our intellectual property statutory torts is analysed in detail.
  • How the revolutionary Peters v East Midlands SHA, with the Court of Appeal holding that an injured person has an absolute right to choose private care over state-funded care, has progressed is documented.
  • The virtual disappearance of Smith v Manchester awards on account of the new discounting criteria for contingencies of life in the Ogden Tables.
  • Omak Maritime v Mamola Shipping and Grange v Quinn have cast new light on a contracting party’s right to claim for wasted expenditure, and the significance of the controversial Cullinane case is fully re-addressed.

NEW CHAPTERS of McGregor on Damages
There are five new chapters, either new or by division of existing chapters including:

  • The Object Of An Award Of Compensatory Damages.
  • Terminology used in Compensatory Damages Awards.
  • Vindicatory Damages - pushed into the limelight by the six to three decision of the Supreme Court in Lumba v Secretary of State for the Home Department.
  • Misfeasance In Public Office.
  • Invasion of Privacy.

A primary reference tool on the general principles and the particular aspects of common law damages written by Harvey McGregor QC, an acknowledged authority for over 50 years, the book:

  • Provide comprehensive coverage of the law of damages, from detailed consideration of the general principles to specific heads of damages.
  • Clarify complex areas such as loss of a chance, mitigation, causation and exemplary damages.
  • Examine such issues as periodical payments and interest on damages.
  • Go through statement of case, the trial and appeals.
  • Consider damages in relation to particular contracts, tort and human rights:
  • Contracts -Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Lease of Land. Sale of Shares and Loan of Stock, Contracts to Pay or to Lend Money, Building Contracts, Contracts for Carriage, Contracts of Employment, Contracts for Professional and Other Services, Contracts Concerning Principal and Agent. Contracts of Warranty of Authority by Agent.
  • Tort - Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy and Misfeasance in Public Office.
  • Human Rights.

TABLE OF CONTENTS of McGregor on Damages, 19th Edition

Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of Civil Procedure Rules

1. Introductory
A Definition of Damages
The Coverage of Damages

Part 1
Object & Terminology
2. The Object Of An Award Of Compensatory Damages
3. Terminology used in Compensatory Damages Awards
Part 2
The Heads of Compensatory Damages
4. Pecuniary Losses
5. Non-Pecuniary Losses
Part 3
The Limits of Compensatory Damages
6. The General Problem of Limits
7. Reduction of Damages for Contributory Negligence
8. Remoteness of Damage
9. Mitigation of Damages
10. Certainty of Damage
11. Past and Prospective Damage

12. Nominal Damages
13. Exemplary Damages
14. Restitutionary Damages
15. Liquidated Damages
16. Vindicatory Damages

17. The Incidence of Taxation
18. The Awarding of Interest
19. The Effect of Changes on Value
20. The Recovery of Costs, Damages and Fines Incurred in Previous Proceedings
21. Damages in Actions Surviving Death

22. The Measure of Damages in Contract & Tort Compared

Part 1
23. Sale of Goods
24. Hire & Hire-Purchase of Goods
25. Sale of Land
26. Lease of Land
27. Sale of Shares and Loan of Stock
28. Contracts to Pay or to Lend Money
29. Construction Contracts
30. Contracts of Carriage
31. Contracts of Employment
32. Contracts for Professional and Other Services
33. Contracts Concerning Principal and Agent
34. Contracts of Warranty of Authority by Agent

Part 2
35. Torts Affecting Goods: Damage and Destruction
36. Torts Affecting Goods: Misappropriation
37. Torts Affecting Land
38. Torts Causing Personal Injury
39. Torts Causing Death
40. Assault and False Imprisonment
41. Statutory Torts: Discrimination and Harassment
42. Malicious Institution of Legal Proceedings
43. Misfeasance In Public Office
44. Defamination
45. Invasion of Privacy
46. Economic Torts
47. Misrepresentation

(Chapter on the HRA Contributed by
Martin Spencer Q.C.)
48. Damages Under the Human Rights Act

(Chapters on Procedure Revised by
Julian Picton Q.C)
49. The Statement of Case
50. The Trial
51. Appeals

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