McGregor on Damages, 22nd Ed | 2024

McGregor on Damages, 22nd Ed | 2024

"McGregor on Damages" remains the foremost authority on common law damages, having maintained this status for 60 years. It serves as a key reference for both general principles and specific aspects of damages law, offering thorough coverage from general principles to specific types of damages and their application in various legal contexts.

- Clarifies complex areas such as loss of a chance, mitigation, causation, and exemplary damages.

- Explains challenging and rapidly evolving types of damages, including license fee damages and vindicatory damages.

- Considers the application of monetary awards in equity, including equitable damages, equitable compensation, and the disgorgement of a defendant's profits.

- Examines specific issues like periodical payments, breaches of undertakings regarding damages, and interest on damages.

- Covers the statement of case, trial, and appeals process.

- Analyzes damages in relation to specific contracts, torts, and human rights, as detailed below:

• Contracts

- Sale of Goods
- Hire and Hire-purchase of Goods
- Sale of Land
- Contracts to Pay or to Lend Money
- Contracts for Carriage
- Contracts of Employment
- Contracts for Professional Services

• Torts

- 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, Confidence, and Private Information
- Misfeasance in Public Office

• Human Rights

- Detailed analysis of damages under the Human Rights Act 1998, including the types of claims, conditions for availability, and calculation of these damages.

• The 22nd Edition Features:

- Every chapter has been updated, with substantial revisions to many.
- New chapter on Equitable Damages, covering damages awarded under section 50 of the Senior Courts Act 1981 (Lord Cairns' Act damages) and various forms of equitable compensation and their distinctions from "equitable debt."
- Coverage of significant recent case law developments, including:

  - Lloyd v Google LLC [2021] UKSC 50 (data protection and licence fee damages)
  - Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 and Meadows v Khan [2021] UKSC 21 (scope of duty and remoteness of damage)
  - Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 and Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (causation of loss)
  - K Line Pte Ltd v Priminds Shipping (HK) Co Ltd ("The MV Eternal Bliss") [2021] EWCA Civ 1712 (demurrage)
  - Henry v Attorney-General of St Lucia [2023] UKPC 41, R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183, and Oluponle v Home Office [2023] EWHC 3188 (false imprisonment)
  - Armstead v Royal Sun Alliance Insurance Co Ltd [2024] UKSC 6 and Charles B Lawrence & Associates v Intercommercial Bank Ltd [2021] UKPC 30 (remoteness of damage)
  - E D & F Man Capital Markets Ltd v Come Harvest Holdings Ltd [2022] EWCA Civ 1704 (mitigation of loss)
  - Attorney General of Trinidad and Tobago v JM (a minor by his kin and next friend NM) [2022] UKPC 54 (vindicatory damages)
  - Arsalan v Rixon [2021] HCA 40 (damage to goods)
  - Tuke v Hood [2022] EWCA Civ 23 (deceit)
  - Swift v Carpenter [2020] EWCA Civ 1295 (personal injury)

- Explanation of the various damages ranges for false imprisonment, defamation, harassment, and misuse of private information.
- Coverage of recent legislative changes and key decisions from other jurisdictions, including Northern Ireland, Scotland, Australia, Canada, and the United States.
- Discussion of significant developments in damages related to personal injury, professional negligence, breach of privacy, defamation, consequential loss and indemnity clauses, economic loss, aggravated and exemplary damages, and vindicatory damages.

Contents of McGregor on Damages, 22nd Ed:

• Chapter 1: The Meaning of Damages and Compensation at Common Law and in Equity;
• Chapter 2: The Object of Compensatory Damages at Common Law;
• Chapter 3: The Common Law Terminology in Compensatory Damages and in Consequential Loss Claims;
• Chapter 4: Equitable Damages;
• Chapter 5: Pecuniary Losses;
• Chapter 6: Non-Pecuniary Losses;
• Chapter 7: The General Problem of Limits;
• Chapter 8: Reduction of Damages for Contributory Negligence;
• Chapter 9: Causation of Damage, Scope of Duty, and Remoteness of Damage;
• Chapter 10: Mitigation of Damage;
• Chapter 11: Certainty of Damage, Presumptions of Damage, and Loss of Chance;
• Chapter 12: Past and Prospective Damage;
• Chapter 13: Nominal Damages;
• Chapter 14: Exemplary Damages;
• Chapter 15: Licence Fee (Negotiating or User) Damages;
• Chapter 16: Account and Disgorgement of Profits;
• Chapter 17: Liquidated Damages and Penalties;
• Chapter 18: Vindicatory Damages;
• Chapter 19: The Incidence of Taxation;
• Chapter 20: The Awarding of Interest;
• Chapter 21: The Effect of Changes in Value;
• Chapter 22: Costs, Damages and Fines in Previous Proceedings;
• Chapter 23: Undertakings as to Damages;
• Chapter 24: Damages in Actions Surviving Death;
• Chapter 25: The Measure of Damages in Contract Compared with Torts;
• Chapter 26: Sale of Goods;
• Chapter 27: Hire and Hire-Purchase of Goods;
• Chapter 28: Sale of Land;
• Chapter 29: Lease of Land;
• Chapter 30: Sale of Shares and Loan of Stock;
• Chapter 31: Contracts to Pay or to Lend Money;
• Chapter 32: Construction Contracts;
• Chapter 33: Contracts of Carriage;
• Chapter 34: Contracts of Employment;
• Chapter 35: Contracts for Professional and Other Services;
• Chapter 36: Contracts Concerning Principal and Agent;
• Chapter 37: Contracts of Warranty of Authority by Agent;
• Chapter 38: Torts Affecting Goods: Damage and Destruction;
• Chapter 39: Torts Affecting Goods: Misappropriation;
• Chapter 40: Torts Affecting Land;
• Chapter 41: Torts Causing Personal Injury;
• Chapter 42: Torts Causing Death;
• Chapter 43: Assault and False Imprisonment;
• Chapter 44: Statutory Torts: Discrimination, Harassment and Intentional Infliction of Harm;
• Chapter 45: Malicious Institution of Legal Proceedings;
• Chapter 46: Misfeasance in Public Office;
• Chapter 47: Defamation;
• Chapter 48: Privacy, Confidence and Private Information;
• Chapter 49: Economic Torts and Intellectual Property Wrongs;
• Chapter 50: Misrepresentation;
• Chapter 51: Damages under the Human Rights Act;
• Chapter 52: Pre-Action Conduct, the Statement of Case and Case Management to Trial;
• Chapter 53: The Trial;
• Chapter 54: Appeals