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 extremely obscene and terrifying behaviour, was then tied up whilst still naked and stabbed in the chest with a knife. She was taken to hospital where she remained for five days. Though she managed to make a complete physical recovery, she suffered psychological problems. The CICB had awarded her andpound;3,600.
Held: ‘That was without the Board having any medical reports of the sort that I have had, or indeed having, as I understand, the opportunity to hear Miss D give evidence as I have had. The board does not take into account aggravated damages. However, so far as aggravated damages are concerned, the award must be moderate, and the primary purpose of the damages must still remain to compensate the person concerned for the injuries they have suffered, although of course the circumstances in which the injuries are suffered does affect the amount of injury they are entitled to be compensated for’. He awarded andpound;10,250, stressing that the compensation extended to the effect of the circumstances in which the injury was suffered.
Judges:
Woolf J
Citations:
[1986] 1 All ER 935
Jurisdiction:
England and Wales
Cited by:
Cited – Richardson 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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Damages, Torts – Other
Updated: 29 March 2022; Ref: scu.200253