Source: All England Reporter
Publisher Citation: [2004] All ER (D) 74 (Aug)
Neutral Citation: [2004] EWCA Civ 1127
Court: Court of Appeal, Civil Division

Thomas and Jacob LJJ

Representation Bernard O'Sullivan (instructed by Holden & Co) for the claimant.
  Geraint Jones QC (instructed by Ossler Donegan Taylor) for the defendant.
Judgment Dates: 13 August 2004


Damages and compensation - Aggravated damages - Assault - Claimant suffering Injury to feelings - Appropriate head of damage.

The Case

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. It was no longer appropriate to characterise the award for the damages for injury to feelings as aggravated damages, except possibly in a wholly exceptional case.

Practice Areas

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