header-logo header-logo

15 August 2014
Issue: 7619 / Categories: Case law , Law digest , In Court
printer mail-detail

Damages

JXL and another v Britton [2014] EWHC 2571 (QB), [2014] All ER (D) 22 (Aug)

In assessing a claim for damages following rape of the claimants as children, the court ruled that the crime of rape of a child involved the infliction of physical pain as well as the traumatising of the child. It would often have serious, lifelong after effects. It was difficult and unrealistic to draw a firm line between the immediate effects of the rape and the psychological consequences. The real adverse impact of a traumatic crime would often be seen most clearly in the impact it had had on the mental state of the victim. The most significant factor in determining the final size of the award was usually therefore the psychiatric or psychological evidence, and the evidence of the victim about the consequences of the offending for her. There was no difference between male and female victims of sexual crime in the principle as far as quantifying damages was concerned. Some of the decided cases concerned long campaigns of abuse directed by a defendant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll