Do Hurt Feelings Qualify for Compensation?

A recent case has dealt with the question as to whether damages for injury to one's feelings can be claimed as aggravated damages in normal circumstances.

The case related to a Brighton couple who had a heated argument whilst on holiday in Barbados, to the extent that the female partner alleged she was assaulted with a bottle and received lacerations to her scalp and hand and was left with numerous bruises.

The couple were deported by the Barbados authorities and, unsurprisingly, separated shortly afterwards. The male partner was later convicted of soliciting the murder of his ex-girlfriend and received a sentence of six years' imprisonment. She then sued him for damages and aggravated damages for assault and battery, and also for damages for his interference with various things she had been given by him when they were together.

When damages totalling £15,000 were awarded, the man appealed against both the sum of the award and on the question as to whether aggravated damages, which constituted £5,000 of the total awarded, should have been awarded. The aggravated damages award was based on the need to compensate the victim for the indignity, mental suffering, distress and humiliation that arose as a result of the attack.

The Court of Appeal decided that where such damages were to be awarded, they should be awarded by way of general, not aggravated, damages and that although the attack was spiteful and had plainly injured the claimant's feelings, this did not justify the award of aggravated damages.

The award was reduced to £4,500.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.