Tuesday 20 May 2014

2011 Disorder ~ payment for damage

Back in 2011, this blog covered the extensive disorder that took place in several cities in England.  One of the posts at the time was concerned with the question of payment for losses incurred by, for example, damage to or destruction of property - see Who will pay? We all will ! The Riot (Damages) Act 1886.

The Court of Appeal (Civil Division) Lord Dyson MR, Moore-Bick and Lewison LJJ has now handed down judgment in Mitsui Sumitomo Insurance Co (Europe) Ltd v Mayor's Office for Policing and Crime [2014] EWCA Civ 682.  The outcome of this appeal is that the Mayor of London's Office is liable to pay those compensation claims made under the 1886 Act in relation to Sony's warehouse.  As a matter of interpretation of the 1886 Act, the Court of Appeal has also held that the Mayor's Office is liable for consequential losses such as loss of profit and loss of rent.  The decision of the Court of Appeal is covered by The Guardian 20th May 2014 

Following the disorder,
the Home Secretary (Theresa May) requested Neil Kinghan to conduct a review of the 1886 Act.  He reported in November 2013.    On 8th November 2013, the Home Office commented about the review -  New proposals to reform Riot Damages Act and also see BBC News 8th November 2013.  

Riot (Damages) Act 1886

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