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01 February 2005
The Court of Appeal made a few general points when considering these, notably:
Maguire -v- Harlan & Wolff Plc
A firefighter was savagely beaten by security on the door at Luminar’s (the first defendant) nightclub.
The claimant was spreading stone dust in a roadway tunnel, standing on a duct board between two rail tracks.
The defendant reversed a crane into the claimant’s vehicle. He said he was suspicious from the start that no collision had taken place and took measurements to show the accident could not have occurred – but did not bring documents to trial.
The claimant brought proceedings claiming damages for emotional and psychological damage resulting from sexual abuse committed by a member of staff in an assisted community home.
It is a well established point, but one that has now been reaffirmed by the Privy Council, that damages for pain and suffering and loss of amenity must be limited to the pain and suffering felt by the claimant in his or her lifetime and therefore, if the claimant dies, damages will be reduced.