Fuk Wan Hau v Jim

Fuk Wan Hau v Jim

The court found the Claimant entitled to an inclusive award of £15,000 for pain, suffering, and loss of amenity, including aggravated damages, but not as a separate head. The Claimant's loss of income was to be calculated based on a net wage of £256 per week, with deductions for income received and a finding that he should have returned to work four months earlier. Care was awarded at £1,500, medication at £50, and travel at £500. No award was made for future loss or back pain as it was not attributable to the assault.

Parties
Claimant: Fuk Wan Hau; First Defendant: Shushing Jim; Second Defendant: Steven Jim
Jurisdiction
England and Wales
Judgment Date
19 December 2007
Procedural Posture
Civil Tort (assault) / Assessment of Quantum Following Judgment on Liability
Outcome
Judgment for the Claimant on quantum; damages awarded as specified; wage loss to be calculated by counsel.
Legal Topics
Assault, Damages, Aggravated Damages, Loss of Income, Care Costs
Tort Law Personal Injury Assault Damages Aggravated Damages Loss of Income Care Costs

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Parties

Fuk Wan Hau

Claimant

Shushing Jim

First Defendant

Steven Jim

Second Defendant

Procedural Posture

Civil Tort (assault) / Assessment of Quantum Following Judgment on Liability

Legal Issues

  1. 1 Quantum of damages for assault
  2. 2 Entitlement to aggravated damages
  3. 3 Assessment of loss of income

Ratio Decidendi

The court found the Claimant entitled to an inclusive award of £15,000 for pain, suffering, and loss of amenity, including aggravated damages, but not as a separate head. The Claimant's loss of income was to be calculated based on a net wage of £256 per week, with deductions for income received and a finding that he should have returned to work four months earlier. Care was awarded at £1,500, medication at £50, and travel at £500. No award was made for future loss or back pain as it was not attributable to the assault.

Court Disposition

Judgment for the Claimant on quantum; damages awarded as specified; wage loss to be calculated by counsel.

Orders

  • Damages for pain, suffering, and loss of amenity inclusive of aggravated damages: £15,000
  • Care: £1,500