Guide to Damages

2 CPD Hours

Competency/Learning Objective - Legal knowledge and skills

This course outlines the general principles relating to the recovery and assessment of damages in contract and in tort, with reference to recent case law. It also examines the role of liquidated damages and the interplay with the rule against penalties. Links to relevant source materials are provided.

By the end of the course you should be able to advise authoritatively on topics such as:

  • when damages are recoverable for breach of contract, and the types of damages that are recoverable

  • why parties might agree to liquidated damages and how (advertently or otherwise) they might agree to exclude a right to claim damages altogether

  • the rule against penalties

  • when damages are recoverable in tort, and the types of damages that are recoverable

  • the significance of recent Supreme Court decisions in Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2017] UKSC 77, BPE Solicitors v Hughes-Holland [2017] UKSC 21, Globalia Business Travel SAU (formerly Travelplan SAU) v Fulton Shipping Inc of Panama [2017] UKSC 43 and Swynson Ltd v Lowick Rose LLP (In Liquidation) (formerly Hurst Morrison Thomson LLP) [2017] UKSC 32

Course dated January 2018

About the Author:

Richard Quenby is a non-practising barrister and Lead Supervisory Lawyer at Berwin Leighton Paisner LLP. He is the current author of Ross: Commercial Leases (published by LexisNexis) and is co-author of "Flat Schemes in Residential and Mixed Use Developments" (published by Bloomsbury Publishing). Richard is also a member of the Consultant Editorial Board of LexisPSL and his published articles have appeared in Estates Gazette, Property Week, Legal Week and The Lawyer. He is also the author of a number of other courses for Legal Training. Richard can be found on LinkedIn  here.

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