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26 January 2012 / Timothy Trotman
Issue: 7498 / Categories: Features , Damages , Commercial
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Damage control

Timothy Trotman examines the development of the scope of duty test after The Achilleas

Recovery of damages that arise naturally or according to the usual course of things is the very familiar first limb of what Alderson B described as “the proper rule” in Hadley v Baxendale [1843-60] All ER Rep 461. Is this rule still fit for purpose as a principle of general application? Or is it just shorthand for what parties are normally taken to have intended, and can it be supplemented by a new “scope of duty” test? What then would be the relation between the new and the old rules?


The Achilleas

These were the issues raised in 2008 in Transfield Shipping inc v Mercator Shipping inc [2008] UKHL 4, [2008] NI 152 hereafter The Achilleas. This article attempts to look at how this case has fared since then.
 
By a time charter of January 2003, owners let The Achilleas to charterers; and by a September 2003 addendum, hire was extended until 2 May 2004. In
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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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