The normal measure of damages for tortious damage to chattels under English law

Abstract

In Coles v Hetherton [2015] 1 WLR 160; [2013] EWCA Civ 1704, the English Court of Appeal held that the normal measure of damages for tortious damage to chattels is diminution in value and reasonable cost of repair is simply evidence for the measure. This article argues that the decision departs from the previous law, which was, according to the weight of the authorities, that the normal measure be reasonable cost of repair. This article also argues that reasonable cost of repair is the better measure because it is a more reliable and direct way of carrying out restitutio in integrum than diminution in value, and it does not lead to the problems as a result of using diminution in value as the normal measure of damages.