header-logo header-logo

Damages

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll