New website address

Please note that the damages web page is now located at: www.stewartdunn.com

New materials and case commentaries

The following additional materials or revisions have been added to the web page content:

1. Liability: burden and standard of proof; duty of court to assess damages - Chaplin v Hicks/best estimate rule - best estimate rule applies to apportionment of loss/damage - nominal damages - duty to adduce evidence of quantum - valuation of work and variations - best estimate rule applies. Case commentaries include:

   1. Ashcroft v Curtin [1971] 1 WLR 1731; [1971] 3 All ER 1208, CA

   2. Attorney General v Shimizu Corporation [1996] HKCFI 171
      
      

2. Quantum of damages: the standard of proof/degree of certainty of assessment required - measure of damages/amount of claimant's entitlement - evidence and the better evidence rule

3. Options where missing (quantum) evidence - use of own (expert) knowledge - inviting further representations/evidence - enquiry as to damages - deferral of assessment (prospective/future loss eg third party claims)

4. Apportionment of damage - best estimate rule applies; Case commentary:

   1. Owners of the ship Arietta S Livanos v Owners of the ship Anneliese, The Anneliese [1970] 2 All ER 29

5. Legal Research using the Internet - a beginner's guide