Morris v Kwik Save Stores Ltd [1998] EWCA Civ 1102 (26 June 1998)

Morris v Kwik Save Stores Ltd [1998] EWCA Civ 1102 (26 June 1998)

The judge was entitled to limit damages to £350, considering the applicant had already received £1,500 in prior proceedings for the same incident, and there was no basis for aggravated or exemplary damages. The conduct of the trial and minor inaccuracies in the judgment note did not amount to procedural unfairness or justify interference with the judgment.

Citation
[1998] EWCA Civ 1102
Parties
Applicant: Morris; Respondent: Kwik Save Stores Ltd
Jurisdiction
England and Wales
Judgment Date
26 June 1998
Procedural Posture
Application for Leave to Appeal and Extension of Time / Court of Appeal (civil Division) Application for Leave to Appeal
Outcome
Application dismissed
Legal Topics
Damages for Wrongful Arrest, Aggravated Damages, Exemplary Damages, Appeal Procedure, Judicial Discretion
Tort Law Civil Procedure Damages for Wrongful Arrest Aggravated Damages Exemplary Damages Appeal Procedure Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Morris

Applicant

Kwik Save Stores Ltd

Respondent

Procedural Posture

Application for Leave to Appeal and Extension of Time / Court of Appeal (civil Division) Application for Leave to Appeal

Legal Issues

  1. 1 Whether the award of damages for wrongful arrest was insufficient
  2. 2 Whether the applicant was entitled to aggravated and exemplary damages
  3. 3 Whether the conduct of the trial was unfair due to late and illegible provision of case authority and refusal of adjournment

Ratio Decidendi

The judge was entitled to limit damages to £350, considering the applicant had already received £1,500 in prior proceedings for the same incident, and there was no basis for aggravated or exemplary damages. The conduct of the trial and minor inaccuracies in the judgment note did not amount to procedural unfairness or justify interference with the judgment.

Court Disposition

Application dismissed

Orders

  • Leave to appeal refused
  • Application for extension of time refused