| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 144 (Oct) |
| Neutral Citation: | [2005] UKPC 38 |
| Court: | Privy Council |
| Judge: | Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe and Baroness Hale of Richmond |
| Judgment Dates: | 13 October 2005 |
Catchwords
Bahamas - Constitution - Damages - Court awarding applicant damages for both tortious wrongs and infringement of constitutional rights - Whether award for infringement of applicant's constitutional rights duplicating awards made under tortious heads.
The Case
On an appeal from the Bahamian Court of Appeal, the Board ruled, inter alia, that, if a case was one for an award of damages by way of constitutional redress, the nature of the damages awarded might be compensatory but had always to be vindicatory. Accordingly, the damages might, in an appropriate case, exceed a purely compensatory amount.
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