No pain no gain? The High Court provides guidance on Wrotham Park damages

Wrotham Park damages can be a useful remedy for claimants who have suffered little or no loss as a result of a defendant's wrongdoing.

In a number of cases, the courts have used Wrotham Park damages as a means of justifying substantial damages awards in circumstances where more conventional rules would have left claimants without a meaningful remedy. In Marathon Asset Management LLP and another v Seddon and another [2017] EWHC 300 (Comm), the High Court provided guidance on when Wrotham Park damages will be awarded and how they should be calculated.