McGregor on Damages 19th ed with 2nd Supplement
Series: Common Law Library
Practice Area: Damages
Published by: Sweet & Maxwell
Author: Harvey McGregor, QC
Publication Date: 21 Oct 2016
The First Supplement will include all the latest developments in the law of damages including updates on developments in damages since the 19th edition including important decisions on the scope of the compensatory principle, mitigation, remoteness, contributory negligence, penalties, vindicatory damages, personal injuries and death, discrimination and harassment, invasion of privacy and non-pecuniary losses.
Specific developments include:
• The decision of the Supreme Court in Bunge SA v Nidera BV  UKSC 43 where the Supreme Court confronted the question of whether The Golden Victory should be applied, and whether it was correctly decided
• The important decision on apportionment in cases of contributory negligence in Jackson v Murray  UKSC 5 and McCracken v Smith  EWCA Civ. 380
• The continuing uncertainty about the scope and application of the decision in The Achilleas (Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas)  UKHL 48;  1 AC 61) see Saipol SA v Inerco Trade SA  EWHC 2211 (Comm) and SC Confectia SA v Miss Mania Wholesale Ltd  EWCA Civ. 1484)
• Decisions concerning the scope of the mitigation principle in White and Carter v McGregor  A.C. 413 (MSC Mediterranean Shipping Co SA v Cottonex Anstalt  EWHC 283 (Comm)
This Supplement is co-produced by Harvey McGregor QC and, after his death, the Hon Justice James Edelman who has written many journal articles and judicial decisions on the subject.
Widely regarded as the chief authority and the standard work on the law of damages for nearly 150 years, McGregor on Damages new 19th edition adopts a definition of damages, both simplified and enlarged, brought about by the changes in the law that have come about over the years.
As ruled by The Court of Appeal in Simmons v Castle the best guidance on the heads of non-pecuniary loss recoverable are to be found in McGregor on Damages.
NEW FOR THE 19th EDITION
• 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.
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:
• Provides 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:
-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
-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