Do Hurt Feelings Qualify for Compensation?

A recent case has dealt with the question of 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 was left with lacerations to her scalp and hand and numerous bruises.

They were deported by the Barbados authorities and unsurprisingly broke up shortly thereafter. 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 damages for his interference with various things she had been given by him when they were in their relationship.

When damages totalling £15,000 were awarded he appealed against both the sum of the award and whether aggravated damages, which constituted £5,000 of the total awarded, should be 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.

However, 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.