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St Helena Case Law

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Tort law [2019] SHSC 1

A v The Attorney General of St Helena

A v The Attorney General of St Helena [2019] SHSC 1 (18 July 2019)

The claim is struck out because the facts do not support an inference that the Defendant assumed responsibility for the Plaintiff or created the danger, and the law as settled by Poole precludes a common law duty of care in these circumstances. The Plaintiff's arguments based on the Constitution and estoppel are rejected as providing no legal basis for imposing such a duty.

Source excerpt

  • Negligence
  • Duty of care
  • Public authority liability
  • Child protection
  • Strike out applications
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Tort law [2017] SHCA 72

The Attorney General v AB, AC and NK

The Attorney General v AB, AC and NK [2017] SHCA 72 (05 October 2017)

Damages for pain, suffering and loss of amenity in St Helena should not be discounted from the UK Judicial College Guidelines, as local conditions and expectations now align more closely with the UK, and a discount would not properly reflect current realities. Ms AB is not entitled to loss of earnings beyond a minor shortfall, as her post-injury earnings exceeded her pre-injury salary. Ms NK's damages for the costs of a financial deputy should be limited to the costs of appointment under St Helena law, as the local statutory regime provides adequate protection.

Source excerpt

  • Assessment of damages
  • Vicarious liability
  • Sterilisation without consent
  • Loss of earnings
  • Appointment of financial deputy
  • Discrimination
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About this LexChat collection

St Helena decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.