A man of good reputation had been imprisoned for forty two days wholly unjustifiably for alleged default in payment of rates. He sought damages.
Held: The Court increased the award from andpound;13,500.00 to andpound;25,000.00. Commenting on Walter -v- Alltools: ‘I do not for my part doubt that that is a correct principle of law . .[counsel for the claimant] is, in my judgment, entitled to submit that any form of imprisonment gives rise to a stigma and that stigma is not removed until the reputation of the imprisoned party is vindicated in an appropriate manner.’
Judges:
Bingham LJ
Citations:
Unreported, 5th March 1991
Jurisdiction:
England and Wales
Citing:
Disapproved – Walter v Alltools 1944
The court considered damages to be awarded for false imprisonment: ‘ . . any evidence which tends to aggravate or mitigate the damage to a man’s reputation which flows naturally from his imprisonment must be admissible up to the moment when damages . .
Cited by:
Cited – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Cited – AT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .
Lists of cited by and citing cases may be incomplete.
Damages, Torts – Other
Updated: 20 April 2022; Ref: scu.199753
