Martins v Choudhary

Martins v Choudhary

The judge was entitled to make separate awards for psychiatric injury and injury to feelings, provided there was no double recovery. The total award, though generous, was within the permissible range and not manifestly excessive. The judge did not err in considering the impact of the appellant's conduct during litigation as prolonging the respondent's suffering, but did not award damages for post-judgment events as separate torts.

Parties
Appellant: Hugh Martins; Respondent: Mohammed Choudhary
Jurisdiction
England and Wales
Judgment Date
20 December 2007
Procedural Posture
Civil Appeal / Appeal From Assessment of Damages After Judgment on Liability
Outcome
Appeal dismissed
Legal Topics
Harassment, Damages, Personal Injury, Injury to Feelings, Aggravated Damages, Assessment of Quantum
Tort Law Civil Procedure Harassment Damages Personal Injury Injury to Feelings Aggravated Damages Assessment of Quantum

Case Brief

Summary, issues, holding and outcome

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Parties

Hugh Martins

Appellant

Mohammed Choudhary

Respondent

Procedural Posture

Civil Appeal / Appeal From Assessment of Damages After Judgment on Liability

Legal Issues

  1. 1 Whether the award of damages for psychiatric injury and injury to feelings was excessive or involved double recovery
  2. 2 Whether the judge erred in awarding damages for post-judgment events
  3. 3 Whether separate awards for psychiatric injury and injury to feelings were appropriate

Ratio Decidendi

The judge was entitled to make separate awards for psychiatric injury and injury to feelings, provided there was no double recovery. The total award, though generous, was within the permissible range and not manifestly excessive. The judge did not err in considering the impact of the appellant's conduct during litigation as prolonging the respondent's suffering, but did not award damages for post-judgment events as separate torts.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The award of damages stands as assessed by the trial judge.