Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 (12 July 2011)

Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 (12 July 2011)

Damages for personal injury caused by harassment under the Protection from Harassment Act 1997 do not require foreseeability; Ms Jones is entitled to general damages for personal injury and loss of earnings. The quantum of damages for trespass is reduced to a reasonable licence fee. Costs are awarded to claimants except for the personal injury claim.

Citation
[2011] EWCA Civ 804
Parties
Appellant/claimant: Ms Samantha Jones; Appellant/claimant: Ms Rachel Lovegrove; Respondent/defendant: Mr Liam Patrick Ruth; Respondent/defendant: Mrs Karen Lesley Patricia Ruth
Jurisdiction
England and Wales
Judgment Date
12 July 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; cross-appeal allowed in part; costs appeal dismissed.
Legal Topics
Nuisance, Trespass, Harassment, Damages, Costs, Personal Injury
Tort Property Civil Procedure Nuisance Trespass Harassment Damages Costs +1 more

Case Brief

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Parties

Ms Samantha Jones

Appellant/claimant

Ms Rachel Lovegrove

Appellant/claimant

Mr Liam Patrick Ruth

Respondent/defendant

Mrs Karen Lesley Patricia Ruth

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether damages for personal injury caused by harassment under the Protection from Harassment Act 1997 require foreseeability
  2. 2 Appropriate quantum of damages for trespass and nuisance
  3. 3 Entitlement to costs given partial success

Ratio Decidendi

Damages for personal injury caused by harassment under the Protection from Harassment Act 1997 do not require foreseeability; Ms Jones is entitled to general damages for personal injury and loss of earnings. The quantum of damages for trespass is reduced to a reasonable licence fee. Costs are awarded to claimants except for the personal injury claim.

Court Disposition

Appeal allowed in part; cross-appeal allowed in part; costs appeal dismissed.

Orders

  • Defendants to pay £28,750 and £115,000 to Ms Jones for personal injury and loss of earnings, with interest at 2% per annum from date of issue to date of order.
  • Further claims for medical expenses and future loss of earnings remitted to inquiry before a Master.