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15 February 2007 / Richard Lawson
Issue: 7260 / Categories: Features
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Damage limitation

Richard Lawson considers the limits of recovery for damages for breach of contract

In Wiseman v Virgin Atlantic Airways Ltd [2006] EWHC 1566 (QB), [2006] All ER (D) 344 (Jun) Dr Raphael Wiseman sought compensation for extra hotel accommodation and related expenses after being wrongly turned away from his flight from Nigeria to London. The High Court accepted that the action was subject to the contemplation formula laid down in Hadley v Baxendale (1854) 23 LJ Ex 179, [1843-60] All ER Rep 461. The relevant costs were allowed in Wiseman, precedent being provided by Hamlin v Great Northern Rly Co (1856) 1 H & N 408, 26 LJ Ex 20 and Woodger v Great Western Rly Co (1867) LR 2 CP 318, 36 LJCP 177.

Alternative transport

It is not entirely clear that a claim for hiring alternative transport would be unsupported in principle. In Le Blanche v London and North Western Rly Co (1876) 1 CPD 286, 40 JP 580 a passenger found that his connection had left. He hired a special train which arrived

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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