Assault

Richardson v Howie [2004] EWCA Civ 1137

When the claimant ended her relationship with the defendant he hit her seven or eight times on the neck and head causing multiple lacerations to her scalp and bruises to her body. He was subsequently convicted of soliciting her murder and was sentenced to six years’ imprisonment. The claimant brought civil proceedings for damages for assault and battery. She was awarded £5,000 for her injuries and £5,000 aggravated damages. The defendant appealed. Although it is appropriate to compensate the victim of an assault for the injury to her feelings including the indignity, mental suffering, humiliation or distress that might be caused by such an attack, as well as the anger or indignation arising from the circumstances of the attack, this should not be done by way of an award of aggravated damages. Instead the court should reflect that element of compensatory damages for injured feelings as part of the general damages awarded. The Court of Appeal reduced the award to a total of £4,500 in substitution for the judge’s total award of £10,000.