Date of assessment

Collins Stewart Ltd and another v The Financial Times Ltd QBD LSG 11 November

The general rule is for damages to be assessed at the time the wrong was committed, not at the time of trial, and while there are no absolute rules, a date that is ascertainable by a rule rather than by the chances of listing the case for hearing is to be preferred as a matter of principle. Accordingly, the claimant’s claim for £230.5m damages for defamation, being the difference between the actual and potential market capitalisation of the claimant company, would have to be assessed at the date of the defamation, which was far too uncertain a measure of damages to be acceptable as a legal basis for assessing damages.