Impecuniosity Not a Bar to Damages

Alcoa Minerals of Jamaica Inc v Broderick (PC TLR 22 March)

The galvanised zinc panels of the roof of the claimant’s house were corroded by pollutants, noxious gases and corrosive dust generated by the defendants’ smelting plant in 1989. The claimant commenced proceedings in 1990 but could not afford to repair the damage until he obtained judgment and payment from the defendants. During the period between the date of the damage and the date of judgment the cost of repairs had quadrupled because of inflation and the fall in value of the Jamaican dollar. The claimant claimed the cost of repairs at the date of judgment. The general rule in tort is that damages should be assessed at the date of breach and the defendants contended that this was the relevant date. The defendants also relied on Liesbosch Dredger v Edison (The Liesbosch) ([1993] AC 449) as authority for the proposition that because the increase in the cost of repair was due to the complainant’s impecuniosity this was not damage recoverable from the defendants.