Cases relating to Awards of Aggravated Damages
JXL AND ANOTHER V BRITTON  EWHC 2571 (QB)
JXL and SXC were sisters. In 1989 when they were children the Defendant raped them. JXL was 10 or 11 years old at the time, and SXC was 7 or 8. JXL was raped twice, and JXL once. The Defendant was acquitted at his trial of the first count in relation to SXC, but convicted of the second offence relating to the occasion when both Claimants were raped. He was sentenced on 13 Apr 2012 to a total of 22 years custody.
EB v JOHN HAUGHTON  EWHC 279 (QB)
The Claimant was a 28 year old woman, who alleged that over a year or so in 1993 when she was 10 or 11, the Defendant subjected her to sexual assaults. These assaults including stroking her leg, fondling her chest and breasts and on one occasion causing the Claimant to undress and touching her inappropriately.
AT, NT, ML, AK V DULGHIERU AND DULGHIERU  EWHC 225 (QB)
The Claimants were all young women who were Moldavian nationals. They were bringing a claim against the Defendants (who were not present at the assessment of damages) for trafficking them into the United Kingdom and making them work as prostitutes between February and July 2003.
KXW, TXS AND MXK V ROBERT BLACKMORE (Unreported) 27TH APRIL 2007 Judge Barrett QC CHICHESTER COUNTY COURT
Each Claimant was bringing a separate action claiming damages for the physical, sexual assault, emotional pain and suffering and long term psychological harm which he had suffered as a result of sustained and abusive conduct between 1999 and 2003.
MARTINS V. CHOUDHARY  EWCA Civ 1379
The Claimant’s vehicle collided with that of the Defendant, and an argument ensued. The Claimant sued the Defendant and at trial, the judge found that the Defendant had intended to collide with the Claimant’s car. There were a number of incidents of racist behaviour towards the Defendant from the Claimant and the judge found that there was a course of conduct which amounted to the statutory tort of harassment under the Protection from Harassment Act 1997.
MANLEY V COMMISSIONER OF POLICE FOR THE METROPOLIS  EWCA Civ 879
The Claimant alleged assault, false imprisonment and malicious prosecution against the police. The police had arrested him in the early hours of Xmas morning, thinking erroneously that he was the driver of a car that had been speeding. He was struck on the head with a police baton, restrained on the ground and sprayed in the face with CS gas, when there was no need. He was then taken to the police station. The police officers alleged that the Claimant had threatened to kill them and generally resisted arrest. He was charged with dangerous driving and two threats to kill, and acquitted at trial.
RICHARDSON V HOWIE  EWCA Civ 1127
The Claimant was a masseuse working in Brighton. The Defendant was her client who paid her significant sums of money and purchased a house for her to live in. They went to Barbados on holiday, during which time the Defendant assaulted the Claimant and both were deported back to the UK. The Defendant was then convicted of soliciting the Claimant’s murder for which crime he was imprisoned.
PARRINGTON V MARRIOTT UNREPORTED COURT OF APPEAL 19TH FEBRUARY 1999
The Claimant was raped by the Defendant on two occasions and subjected to sexual harassment over a period of about 18 months. She brought a claim against him and was awarded at trial £73,778.06. The Defendant appealed. Click here for more.
GRIFFITHS V WILLIAMS UNREPORTED COURT OF APPEAL 21ST NOVEMBER 1995
The Claimant was 32 years of age and was a tenant of the Defendant. She had previously worked at a hotel where the Defendant was a director. On the 27th February 1991, she and the Defendant had sexual intercourse in her bedroom. The Claimant alleged that she had been raped. Click here for more.