Law digest: 24 July 2008

Uzinterimpex JSC v Standard Bank plc [2008] EWCA Civ 819, [2008] All ER (D) 196 (Jul)

The general principle that damages in tort are to provide just compensation for the loss suffered in the particular circumstances of the case applies to the tort of conversion, giving rise to a duty to mitigate loss flowing from the wrongful act. The correct measure of damages in a case of conversion is that which will provide just compensation for loss suffered by the claimant having regard to the particular circumstances of the case, and so it is impossible to ignore the claimant’s own conduct in relation to that loss, since, if he has failed to take advantage of an opportunity reasonably available to him to avoid it in whole or in part, it will be difficult for him to justify requiring the defendant to pay compensation for a loss that could not fairly be attributed to his wrongful act.