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Fuk Wan Hau v. Jim


Queens Bench Division

This is the first reported judgment on aggravated damages in assault cases since the Court of Appeal changed the approach to aggravated damages in 2004 and applied that approach to a serious assault to find that aggravated damages are not appropriate although compensatory damages will be enhanced by the distress of the attack. Other than that the judgment itself relates to a relatively standard assessment of damages hearing although the background to the case is more interesting. After a fall out between the owners of a Chinese Restaurant as a result of which the Claimant was savagely beaten by the Defendants who pleaded guilty to wounding with intent and were sent to prison after an AG Reference had overturned unduly lenient sentences below. From prison they indicated an intention to move their assets out of the country so a global freezing order needed to be obtained at the same time as which summary judgment and a substantial interim payment was recovered.

[2007] EWHC 3358 (QB)

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