Martins v Choudhary: CA 20 Dec 2007

The appellant appealed the award of damages for personal injury and harrassment. He was said to have driven the claimant off the road and to have made racist remarks. He had previously been found to be in contempt of court for breaches of undertakings to stay away from the claimant.
Held: The substantial levels of damages awards were not excessive. It was proper to take into account the aggravating features of the defendant’s conduct. It was positively helpful for the judge to separate the award for psychiatric injury from that for injury to feelings, as long as the judge takes care to avoid the risk of double recovery.


Smith LJ


[2007] EWCA Civ 1379, Times 20-Dec-2007, [2008] 1 WLR 617




England and Wales


CitedVento v The Chief Constable of West Yorkshire Police (No 2) CA 20-Dec-2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed.
Held: The Court of Appeal looked to see whether there had been an error of law in the employment . .
CitedRichardson v Howie CA 13-Aug-2004
The claimant sought damages for assault. In the course of a tempestuous relationship, she said the respondent had physically assaulted her in Barbados. He was later convicted of soliciting her murder. She sought and was awarded aggravated damages, . .

Cited by:

CitedAT 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.

Personal Injury, Damages

Updated: 12 July 2022; Ref: scu.262937