Neutrality (War Damage To Property) Act, 1941

Prohibition of compensation for consequential loss.

10.—(1) Subject to the subsequent provisions of this section compensation under this Act (whether awarded by the Minister or by the Court) in respect of an injury to which this Act applies shall be awarded only in respect of the actual damage done to property by the said injury, and no such compensation shall be so awarded in respect of any loss consequential on such actual damage or, in particular, in respect of loss of the use of property or in respect of loss of mere pleasure or amenity.

(2) Where a building has sustained an injury to which this Act applies, the following provisions shall apply and have effect, that is to say:—

(a) compensation under this Act may be awarded to a person who carried on a trade, profession, or business in the said building in respect of his loss of earnings from the said trade, profession, or business where by reason of the said injury it is, during any period, impossible or impracticable to carry on the said trade, profession, or business, but such compensation shall not exceed fifteen per cent. of the annual rate of the earnings of such person from the said trade, profession, or business as carried on in the said building during the twelve consecutive months or the period during which the said trade, profession, or business was so carried on (whichever is the lesser) next preceding the date on which the said injury occurred or the sum of one hundred and fifty pounds, whichever is the lesser;

(b) compensation under this Act in respect of loss of employment may be awarded to an individual who was immediately before the said injury, employed in a trade, profession, or business carried on in the said building and has, by reason of the said injury, lost his said employment either permanently or temporarily, but such compensation shall not exceed fifteen per cent. of the annual rate of his earnings in that employment during the twelve consecutive months or the period during which he was in the said employment (whichever is the lesser) next preceding the date of the said injury or the sum of one hundred and fifty pounds, whichever is the lesser.

(3) Where the occupier of a building which sustained an injury to which this Act applies was compelled by reason of such injury to vacate such building and thereby incurred expenditure, in excess of what he would have incurred if such injury had not been sustained, on the provision of housing accommodation for himself, for his family, or for his business or on the removal or storage of any movable article, compensation may be awarded under this Act in respect of such expenditure, but such compensation shall not exceed, as regards any particular claim, fifty pounds.