Civil enforcement – compensation

Topic Progress:

 

As a general rule compensation in civil proceedings is calculated as the loss to the victim.  Compensation is normally in two parts:

GENERAL                for physical injury, distress, hardship and loss of occupation and

SPECIAL                   reflecting the value of specific items of property which have been destroyed or damaged, e.g., clothing thrown away following an eviction.

 

In exceptional cases the court may award sums under two further heads:

AGGRAVATED        if the behaviour being sued for was carried out in a particularly unpleasant way, e.g., violently.  N.B. They can only be awarded in respect of tort.

EXEMPLARY           if the breach of the law was calculated to profit the wrongdoer even if damages were awarded against him/her – Rookes -v- Barnard [1964] 1 All ER 367 (HL).  N.B. They can only be awarded in respect of tort.

 

Housing Act Damages

In addition, where the occupier has been unlawfully evicted and has not been readmitted to the property (or does not wish to return), the court can award damages under s.27 Housing Act 1988 where damages are calculated by reference to what the landlord gains (see above – Unlawful eviction: claim under section 27, Housing Act 1988).

 

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