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

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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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