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Fourie v Le Roux
[2007] UKHL 1
Citation 1
…eal in the absence of any alleged error of principle. Moreover, as already indicated above, the Board is reluctant to interfere with the discretion of local courts on matters of practice and procedure: see for example Ratnam v Cumarasamy [1965] 1 WLR 8, 12; and Bank of America National Trust and Savings Associat…
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Ruddock v Taylor
[2003] NSWCA 262
Citation 2
…he approach set out in Takitota at para 17. The Court of Appeal next considered whether the sum of $386,000 was manifestly too low. It had regard to the award of $400,000 made in Takitota , and the settlement sum of $500,000 agreed by the parties (uprated to $670,000 for inflation). It considered the awards made in…
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R (Kambadzi) v Secretary of State for the Home Department
[2011] UKSC 23
Citation 3
…argument that if the appellant’s detention in the three month period was unlawful, only nominal damages should flow because that detention would have happened in any event: “Where the power has not been lawfully exercised, it is nothing to the point that it could have been lawfully exercised. If the power could…
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Inco Europe Ltd and Others v. First Choice Distribution (A Firm) and Others
[2000] UKHL 15
Citation 4
…(A Firm) [2000] UKHL 15; [2000] 1 WLR 586. As Lord Nicholls of Birkenhead (with whom the other members of the House of Lords agreed) explained in Inco Europe Ltd at 592E - 593A: “This power is confined to plain cases of drafting mistakes. The courts are ever mindful that their constitutional role in this field i…
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Lumba (WL) v Secretary of State for the Home Department
[2011] UKSC 12
Citation 5
…Home Department [2011] UKSC 12 ; [2012] 1 AC 245 . As applied to the first limb of section 41(4), the Hardial Singh principles require the following: (i) The Minister must intend to deport the person and the Governor-General can only exercise the power to detain for that purpose. (ii) The deportee may only be det…
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Arawak Homes Ltd v The Attorney General & Anor (Bahamas) (Rev 1)
[2016] UKPC 34
Citation 6
…is reluctant to interfere with the discretion of local courts on matters of practice and procedure: see for example Ratnam v Cumarasamy [1965] 1 WLR 8, 12; and Bank of America National Trust and Savings Association v Chai Yen [1980] 1 WLR 350, 353. The appellant has identified no error of principle on the part o…
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Attorney General of Trinidad and Tobago v. Ramanoop (Trinidad and Tobago)
[2005] UKPC 15
Citation 7
…te for their breach. The appellant claimed damages under articles 17 and 19 of the Constitution, abandoning claims under other articles. He did not pursue a claim under article 18. Charles J found that his constitutional rights had been breached. She awarded the appellant $105,000 by way of constitutional or vind…
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Inniss v. The Attorney General of Saint Christopher & Nevis (Saint Christopher & Nevis)
[2008] UKPC 42
Citation 8
…ighlighting the inhumane and degrading conditions, the impact on the appellant’s health, the long struggle to secure his liberty from detention, and the lack of assistance on release. In identifying these aspects of his treatment, she was reflecting the gravity of the ongoing inhumane treatment he suffered in bre…
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Merson v Cartwright & Anor (Bahamas)
[2005] UKPC 38
Citation 9
…s. She decided however, to adopt the approach she had been invited by the appellant to take. That decision cannot fairly be criticised in the circumstances. Earlier in her judgment Charles J made findings about the conditions of the appellant’s detention and his treatment in detention. At paragraphs 22 to 25 she…
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Scott v The Attorney General & Anor (Bahamas)
[2017] UKPC 15
Citation 10
…ases in which the exercise of converting a claimant’s physical injury, pain and suffering into a monetary sum by way of damages was described as difficult, artificial and arbitrary. The Board observed that the need to achieve consistency between the decisions of different judges had increasingly constrained the v…
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Seepersad v. Persad & Anor (Trinidad and Tobago)
[2004] UKPC 19
Citation 11
…e sought, both at trial and on appeal. The appellant’s failure to obtain the very large award he sought was a function of his failure to persuade the Court of Appeal to adopt his approach to the calculation of damages. He failed to increase the award of exemplary damages (to the sum claimed of $5 million); and th…
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Takitota v. The Attorney General & Ors (Bahamas)
[2009] UKPC 11
Citation 12
…rong in principle, not least because of the reliance wrongly placed on the settlement reached by the parties in Takitota v Attorney General [2009] UKPC 11, [2009] 26 BHRC 578 “ Takitota ”), and the resulting award was manifestly too low; thirdly, the assessment of constitutional damages failed to have regard to t…