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St Helena Case Law

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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.

  • Summary judgment
  • Leave to appeal
  • Duty of care
  • Assessment of damages
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Civil procedure [2020] SHSC 567_1

BOSH v V2 Taxi & Tour Agency Ltd & Ors (No 1)

BOSH v V2 Taxi & Tour Agency Ltd & Ors (No 1) [2020] SHSC 567_1 (27 October 2020)

Judgment is entered for the plaintiff due to the defendants' failure to serve a defence as ordered; the amount due will be assessed, with the defendants given an opportunity to provide evidence of repayments within 14 days, failing which the amount claimed by the plaintiff will be deemed due.

  • Default judgment
  • Assessment of damages
  • Loan repayment
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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.

  • Assessment of damages
  • Vicarious liability
  • Sterilisation without consent
  • Loss of earnings
  • Appointment of financial deputy
  • Discrimination
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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.