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, but the judge failed to explain his award.
Held: ‘in cases of assault and similar torts, it is appropriate to compensate for injury to feelings including the indignity, mental suffering, humiliation or distress that might be caused by such an attack, as well as anger or indignation arising from the circumstances of the attack. It is also now clearly accepted that aggravated damages are in essence compensatory in cases of assault. Therefore we consider that a court should not characterise the award of damages for injury to feelings, including any indignity, mental suffering, distress, humiliation or anger and indignation that might be caused by such an attack, as aggravated damages; a court should bring that element of compensatory damages for injured feelings into account as part of the general damages awarded. ‘
Judges:
Lord Justice Jacob Lord Justice Thomas
Citations:
[2004] EWCA (Civ) 1127, Times 10-Sep-2004
Links:
Jurisdiction:
England and Wales
Citing:
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
Cited – AB v South West Water Services Ltd CA 1993
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility.
Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if . .
Cited – Westward Hardy 1964
The defendant injured the plaintiff with a scythe in circumstances where the defendant erroneously believed that she was on his land.
Held: the defendant’s conduct was wholly unjustifiable and malicious and awarded andpound;550 for damages . .
Cited – W v Meah 1986
The defendant had attacked two women, one he raped and the other he seriously sexually assaulted. They both brought actions claiming damages for personal injuries. The woman who was raped was subjected to what was described by the trial judge as . .
Cited – Appleton and others v Garrett 1996
The plaintiffs were patients of the defendant dentist who had carried out unnecessary treatment on them; they claimed damages for trespass and sought aggravated damages.
Held: There was no reason in principle why awards of aggravated damages . .
Cited by:
Cited – Lawson v Glaves-Smith, Executor of the Estate of Dawes (Deceased) QBD 14-Nov-2006
The claimant sought damages saying that she had been falsely imprisoned, raped and drugged by the defendant who had since died.
Held: The court had only the evidence of the claimant, and must be careful in examining it. On that evidence the . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Damages
Updated: 11 June 2022; Ref: scu.200248