A. B. v. South West Water Board 1993 Court of Appeal
A. B. said that the water was contaminated with aluminium, which was true.
He claimed on public nuisance (to claim on public nuisance, he must have suffered more than the others).
Problem: can you claim exemplary damages in public nuisance?
There never was a case where it was done.
The criminal law should punish, the civil law should compensate.
All the population suffered the same.
American Cyanamid Co. v. Ethicon 1975
Rules laid down for the granting of an interlocutory injunction:
(1) Serious case. (2) Refusal to grant it could not be compensated by damages if the plaintif were to succeed. (3) If damages would not afford an adequate remedy, the defendant would be satisfied by the plaintiff's 'undertaking as to damages' if the interlocutory injunction were to be granted, but a permanent one to be refused after the the trial. (4) The measure must preserve the status quo, not change it. (5) The relative strength of the parties' prima facia case has to be considered.
Bisney v. Swanston 1972
Bisney was a lorry driver, Swanston a transport company.
They spitefully caused nuisance.
They had to pay L 250 aggravated damages.
See also: ROOKES v. BARNARD (1964)
Cassel v. Broom 1974 House of Lords
Cassel published a book about the Second World War.
False facts were printed about Broom.
P made profit out of the case because they sold more books.
L 15,000 in compensation and L 25,000 in exemplary damages.
Connor v. Chief Constable of Cambridgeshire 1984
Connor went to a football game.
The police said that he has attacked them and they attacked him in self-defence.
This was not true, P was hurt.
He got L 500 in exemplary damages.
The police acted arbitrarily.
Constantine v. Imperial Hotels 1944
Constantine wanted to check in at the Imperial Hotel.
They did not want him because he was black.
There is a law that if you have rooms free you have to give it to every responsible respectable person who wants to lodge.
Innominal damage, he got 5 guineas (5p, 5s).
He has to be threatened like white people.
Drane v. Evangelou 1978
Drane was thrown out of a lodging.
He went to a rent officer and got a reduction in rent; but his landlords did not want to reduce the rent but throw him out, because it would be much cheaper for them after all.
They were made to pay instead damages of L10.000 to teach him a lesson.
Breaking the must not amount to an advantage.
General Warrants, Wilkes v. Wood (1763) 1763
Examplary damages are awarded where the plaintiff has been injured by arbitrary action of government servants.
'Great constitutional case':
John v. Mirror Group Newspapers 1993
Elton John was said to be sick from bulimia and to have spit out food on a party.
He could show that this was untrue.
The defendant had to pay L 275,000; of which L 75,000 were damage to rejection.
Lemon v. Webb 1895
A tree was growing across the fence.
The branch and also the fruit belongs in fact to the owner.
You can chop of this interfering branch.
Liesbosch Dredger v. Steamship Edison 1933 House of Lords
The defendant negligently crashed their steamship into a dredger and could not pay another one.
The plaintiff had to drag the sunk dredger and to hire another one; this amounted to L 23,000.
The inssurance was L 5,500, a comparable dredger would have cost L 6,000.
Problem: normally if Dredger had not been poor, there would not have been the damage amount of L 23,000, but of L 6,000.
It was too remote to foresee that the ship would be hit by another of a poor company.
Overseas Tankship (UK) Ltd. v. Mort's Dock and Engineering Co. Ltd. (The Wagon Mound (No.1)) 1961 Privy Council
The evidence was that no one could at that time be expected to know the furnace oil floating on water could be set alight.
The defendants were not liable.
Damages must be reasonable foreseeable (new rule).
Different finding of fact than in the other case (THE WAGON MOUND (NO.2)).
Compare: OVERSEAS TANKSHIP (UK) LTD. v. MILLER SS CO PTY. LTD (THE WAGON MOUND (NO.2)) (1967)
Re Polemis and Furness Witty & Co. 1921 Court of Appeal
A ship was hired under charter.
During the voyage some of the petrol containers leaked, and her hold became full of petrol vapour.
At Casablanca a stevedore in the employment of the charteres negligently let a plank fall into the hold.
There was an explosion.
The owners sued the charterers for the value of the ship.
The charteres were liable for the full amount.
The causing of the spark could not have been reasonably anticipated from the falling of the plank.
The servant of the charterers was negligent.
In former times, the test of remoteness was one of direct consequence.
Smith v. Leech Braine & Co. Ltd. 1962
A man received a slight burn on the lip as the result of his employers' negligence.
Entirely unforeseeably this burn produced lethal cancer.
A claim could succeed in respect of the man's death.
The burn and the cancer were similar in "type".
In the Wagon Mound, it has been ruled that the defendant also has to pay for unforeseeable injury.
As to 'type', compare the contract cases.