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St Helena Case Law

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Civil procedure [2025] SHSC 525

Peters v Attorney General of St Helena (Costs)

Peters v Attorney General of St Helena (Costs) [2025] SHSC 525 (20 May 2025)

The court held that, although the general rule from Herne requires a properly formulated and refused LAF application before entering a CFA, this case is exceptional and the CFA is valid and enforceable without such refusal. The Plaintiff is entitled to take out ATE insurance and recover the premium for expert reports, subject to reasonableness. The ÂŁ150 hourly rate cap from Herne does not apply in this exceptional case; instead, higher rates reflecting the complexity and market rates are set for this matter alone.

Source excerpt

  • Conditional fee agreements (cfa)
  • Legal assistance funding (laf)
  • Qualified one-way costs shifting (qocs)
  • After the event (ate) insurance
  • Costs capping
  • Exceptional cases in costs
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Tort [2020] SHSC 542

Moyce v Attorney General of St Helena (Re Residuary Liability and Damages)

Moyce v Attorney General of St Helena (Re Residuary Liability and Damages) [2020] SHSC 542 (30 October 2022)

The defendant was liable for the admitted negligent failure to identify the correct patient and implant the correct intraocular lens, and for negligent aftercare in failing to increase the frequency of eye drops post-corrective surgery, which extended the plaintiff's recovery and caused permanent light sensitivity. All other alleged breaches were not proven. Damages were awarded for pain, suffering, loss of amenity, and reasonable medical/travel expenses directly resulting from the proven negligence.

Source excerpt

  • Clinical negligence
  • Damages assessment
  • Causation
  • Standard of care
  • Aftercare obligations
  • Patient identification
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Medical negligence [2021] SHCA 4

Moyce, Appeal Of

Moyce, Appeal Of [2021] SHCA 4 (25 October 2021)

Leave to appeal was refused because the application was misconceived, raised only procedural and conduct complaints irrelevant to the merits, and there were genuine disputes requiring trial and expert evidence, making summary judgment inappropriate.

Source excerpt

  • Summary judgment
  • Leave to appeal
  • Duty of care
  • Assessment of damages
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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.