THE LAW OF DAMAGES 2nd Edition
Butterworths Common Law Series
General Editor: Professor Andrew Tettenborn
Editor: David Wilby QC
THE BEST BOOK FOR THE BENCH ON DAMAGES
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Issues with respect to damages concern money: from how much a Claimant might gain if successful, to how much he might lose if he isn't, working under our original rigid common law remedy of monetary payment as the first stop to sort things out. This is a big book and there is much detail which many may feel they do not need in smaller firms but it does give tremendous authority to your practice as, in our view, it is the most readable of the current crop of 'damages' books.
Andrew Tettenborn and David Wilby QC have blended practical guidance, paragraph by paragraph, with the academic and the judicial approaches to achieve the best advice which judges and advocates need in the courtroom when the real decisions on awards need to be made or advised on.
All this may sound perfectly straightforward, but, as every lawyer knows, damage cases can be extraordinarily complex, not to mention emotionally fraught, especially in common law jurisdictions, where such cases frequently raise issues of law -- hence the editors' observations that 'in damage cases, appeal courts pronounce on questions of principle to an extent astonishing to a European observer.'
There has, therefore, been -- and continues to be -- a pressing need for an authoritative, yet straightforward and accessible detailed guide to this area of law, which certainly, 'The Law of Damages' amply provides with its positioning as the book we would see on the judicial bench during proceedings and one which practitioners will need to consult.
The intention behind this quite indispensable work, is to provide 'authoritative but user-friendly' coverage of the whole of the law of damages in contract and tort: the authors do just this! Within almost 1,000 pages and 36 chapters, 'The Law of Damages' gives bulky coverage of the full range of issues pertaining to damages and the assessment of damages. New material in the second edition reflects the continually changing landscape in this area where, in the editors' words, 'old certainties are undermined and old approaches discredited' so we welcome this fresh statement of law from the excellent Butterworths Common Law Series as an important addition to the damages debate at its highest professional level.
The structure of the book is commendably straightforward. Beginning with general principles, it then deals with damages for individual wrongs and for breaches of particular common types of contract of special help to Counsel.
Part One -- General Principles -- covers the full range of issues, from scope of damages, measures of damages, financial loss, and damages for non-pecuniary loss , to contributory negligence, the right to interest and the effect of death, bankruptcy, assignment and so forth.
Part Two -- Damages Other Than For Personal Injury -- deals with everything from physical damage and trespass to land and chattels, to interference with goods, misrepresentation, wrong to the person , agency relationships, professional liability, contracts for the sale of goods, land and other assets and of course, much more.
Part Three places personal injury damages in a separate category which merits a separate section of the book. This is a reflection of the increase in this type of case and the fact that personal injury has become, as the editors note, a separate subject in its own right 'with its own quirks and technicalities'.
It is the professional practitioner's book of the moment in this field and one of the leading works. Research resources are copious, with at least 20 pages of Tables of Statutes, Cases, Statutory Instruments and European Legislation -- and at the back, a 67 page index, reassuringly detailed for fast, easy reference to whatever you want to know or the sort of thing the judge will ask... or possibly look for personally in the law library so you can be one step ahead!
Damages, as an area of law, have become pivotal within most legal practices, hence the need for this authoritative work of reference on every law library shelf. It is a compliment to the more established "McGregor" and "Kemp & Kemp" rather than its direct competitor. Tettenborn & Wilby ask the questions going through our minds towards to the conclusion of a case in their well constructed paragraphs to give the best book for the bench on damages currently around.