Uncertainty in the Assessment of Damages Under English Commercial Law

43 Pages Posted: 13 Apr 2015 Last revised: 15 Apr 2015

Date Written: April 10, 2015

Abstract

Against the background of the recent controversial development in English case law on the assessment of damages in commercial cases, the aim of the paper is to examine: whether the judgment in The Golden Victory [Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (The Golden Victory) [2007]], House of Lords, 2 W.L.R. 691 and its application in subsequent case law brought uncertainty in the rules on assessment of damages and if so, whether this can be justified by the more idealistic intention to create absolute justice.

Suggested Citation

Pelovska, Mariya, Uncertainty in the Assessment of Damages Under English Commercial Law (April 10, 2015). Available at SSRN: https://ssrn.com/abstract=2593089 or http://dx.doi.org/10.2139/ssrn.2593089

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