Aggravated damages Definition

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What does Aggravated damages mean?

Damages assessed to compensate a claimant for the additional distress or injury to feelings arising from the manner in which the defendant committed the wrong against him.

Commercial

The object of an award of damages is to compensate the rights holder for the loss suffered. The rights holder must prove their loss, although damages are assessed liberally.

Aggravated damages may be available in some circumstances, where the defendant’s conduct is malicious or oppressive.

View the related checklists about Aggravated damages

Drafting checklist for claim or response—sexual harassment, conduct of a sexual nature and constructive dismissal

Drafting checklist for claim or response—sexual harassment, conduct of a sexual nature and constructive dismissal Both parties • Was the Claimant an employee within the meaning of the Employment Rights Act 1996? See Entitlement to claim unfair dismissal—Eligibility and Employee status • Was the Claimant an employee within the meaning of the Equality Act 2010? See Employment events which give rise to discrimination, harassment and victimisation claims—The meaning of 'employment' • Was the Claimant a contract worker in respect of whom the Respondent was a principal? See Discrimination, victimisation and harassment claims by non-employees—Contract workers • Did the Claimant have requisite qualifying service for an unfair dismissal claim? See Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Unfair dismissal time limit, Prohibited conduct claims: time limits—Time limits...

Valuing general damages—checklist

Valuing general damages—checklist This checklist outlines the issues a practitioner should consider when valuing general damages. It looks at different heads of damage including pain, suffering and loss of amenity (PSLA), Smith v Manchester awards, loss of congenial employment, loss of use, holiday disruption, damage to relationships, loss of marriage prospects, aggravated damages, unnecessary treatment, fatal accidents and interest. Head of Damage Valuing the claim Further Reading PSLA Pain and suffering is the subjective experience of the victim.Loss of amenity is the reduction in the ability to perform everyday tasks.Damages are awarded for physical and/or psychiatric injury and encompass suffering from the past, present and future.There is no formula.When assessing PSLA, certain factors will be relevant including:—severity and extent of the injury—whether there are multiple injuries—physical pain caused by the injury including by any medical treatment, eg an operation—age of the claimant—duration of symptoms—degree of incapacity—mental distress—loss of the enjoyment of life—disfigurement or scars—ability to resume hobbies including sport, DIY and gardening—pre-existing illness or disabilityWhen valuing PSLA for...

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages, see Practice Note: The remedy of damages—general principles.For guidance on damages for loss of a chance, see Practice Note: Loss of chance damages.For a summary of the key distinctions between claiming damages in tort compared with claiming damages in contract, see Practice Note: Claiming damages—tort and contract claims compared.Compensatory function of damages in tortDamages in tort are in general compensatory, ie they aim (subject to the rules of remoteness and mitigation) to make the claimant whole—ie to put the claimant in the position they would have been in had the tort not been committed—but no more than that.This applies not only to negligence and similar torts, but also to torts such as conversion and deceit (see Practice Note: The tort of deceit).However, this general rule is subject to three qualifications:•restitutionary recovery (see below) may be allowed in respect of certain torts to deprive a defendant of their profits,...

Drafting the particulars of claim

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance.This Practice Note provides guidance on drafting the particulars of claim for a claim brought under CPR 7. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and filing of statements of case.For information on bringing a claim under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims).Particulars of claim—part of claim form or separate document?If practicable, the particulars of claim should be set out in the claim form (CPR PD 16, para 3.1). They can also be contained in a separate document (CPR 7.4(1)). For information on the correct claim form...

Discover our 52 Practice Notes on Aggravated damages

Particulars of claim (defamation)

Particulars of claim (defamation) Claim No.: HQ [insert number] IN THE HIGH COURT OF JUSTICE KING’S BENCH DIVISION ROYAL COURTS OF JUSTICE MEDIA AND COMMUNICATIONS LIST Parties: (1) [Insert full name of first claimant] (2) [[Insert full name of second claimant]] [Claimant OR Claimants] and [Insert full name of defendant] Defendant ___________________________ Particulars of Claim ___________________________ The [Claimant OR Claimants] 1 The [First] Claimant is and at all material times has been the [position or nature of work of the First Claimant].[ The First Claimant is [office or position] of the Second Claimant [if second claimant is a corporation]]. 2 [The Second Claimant was incorporated on [date] and carries on business as [set out nature of second claimant’s business or services].] The Defendant 3 The Defendant is a [set out the nature of the defendant’s work or status, including, where appropriate, any relationship to the claimant(s)]. 4 On [insert date] the Defendant published or caused to be published at www.[URL] an article entitled ‘[title of article or heading...

Claimant’s schedule of loss—prohibited conduct under the Equality Act 2010

Claimant’s schedule of loss—prohibited conduct under the Equality Act 2010 In the employment tribunals Case no: [Insert case number] Between: [Insert name of claimant] Claimant and [Insert name of respondent] Respondent Claimant's schedule of loss 1. Details Net weekly basic pay: £[Insert amount] Respondent’s annual pension contributions/annual pension benefit: [[Insert amount, eg £x] OR [Insert details of pension scheme, eg 1/80 final salary scheme with related lump sum]] Annual value of bonus/other employment benefits: £[Insert amount] Contractual notice period: [Insert period, eg x weeks or x months] Claimant's date of birth: [Insert date] [Date of termination of employment:] [[Insert date]] [Age at date of termination:] [[Insert age]] 2. compensation 2.1 FINANCIAL losses [FOR DISMISSAL CLAIMS:] 2.1.1 loss to date of tribunal hearing Loss of basic salary to date of tribunal ([insert number of weeks from effective date of termination] X £[insert net weekly basic pay]): £[insert amount] Loss of [enter details, eg bonus/commission] to date of tribunal: £[insert amount] Loss of pension benefit to...

Dive into our 3 Precedents related to Aggravated damages

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)?

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)? If a worker has not been paid the national minimum wage: • the worker can enforce their entitlement by way of their contract by making a claim for breach of contract or a claim for unlawful deduction from wages • HM Revenue and Customs (HMRC) can enforce the worker's entitlement by issuing a notice of underpayment or suing on the worker's behalf For further information, see Practice Note: National minimum wage, in particular the main sections dealing with Consequences of failure to pay and Enforcement...

A attacks B and causes B to sustain serious physical injuries. In terms of the civil cause(s) of action available, would the claimant’s claim be for damages for personal injury or alternatively damages in the tort of battery? Would there be any other civil remedies? Surely, a personal injury claim essentially is founded in the tort of negligence but A has not been negligent.

A attacks B and causes B to sustain serious physical injuries. In terms of the civil cause(s) of action available, would the claimant’s claim be for damages for personal injury or alternatively damages in the tort of battery? Would there be any other civil remedies? Surely, a personal injury claim essentially is founded in the tort of negligence but A has not been negligent. The issue here is between ‘a claim for personal injuries’, and ‘a claim in negligence or in battery’, which is itself a confusion between a form of damage (and its remedies) on the one hand, and a cause of action on the other. ‘Personal injury’ is not a tort—it is a sort of damage resulting from a tort, which gives rise to a legal right to a remedy. It is to be contrasted with other physical damage—or example, to property, and other forms of tortious interference with a person’s rights (for example, the damage to one’s reputation that results from the tort of...

See the 5 Q&As about Aggravated damages

Supreme Court clarifies scope of malicious falsehood (George v Cannell)

TMT analysis: The Supreme Court has clarified the scope of the tort of malicious falsehood, in particular the effect of section 3 of the Defamation Act 1952 (DA 1952) and the requirement to prove special damage (financial loss). It held, by a 3:2 majority, that where DA 1952, s 3 applies, it creates an irrebuttable presumption of financial loss. However, if, as here, no loss was in fact caused, the claimant will be entitled only to nominal damages. The court held further that damages for mental distress are possible, but only where the financial loss is significant and causes the injury. Written by Isabella Piasecka, Knowledge Lawyer, managing associate at Mishcon de Reya.

Public Law weekly highlights—19 September 2024

This week's edition of Public Law weekly highlights include the postponement of ‘go live’ of the Procurement Act 2023 regime, and publication of the Administrative Court Judicial Review Guide 2024. Case reports include Adegboyega v Secretary of State for the Home Department where the High Court awarded damages for unlawful immigration detention and breaches of Convention rights. This weekly highlights also include further updates on Judicial review, Brexit highlights, Brexit SI, Post-Brexit transition guidance, Post-Brexit transition guidance and other public law updates.

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