Mr. Justice Edwards in Esfurness v. McLeod provides a number of reasons for declining to charge the jury on a range of damages. It is not clear from those reasons whether he disagrees that a trial judge has the jurisdiction to do so or not. My reading of his judgment is that, in his view, we should not be including range of damages in our charge because it usurps the jury’s fact finding role. He then goes on to say why he should not do so specifically in the case before him.
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