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9 The Legal Attitude in Assessing Damages

Published online by Cambridge University Press:  09 November 2023

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Abstract

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Copyright
Copyright © JLO (1984) Limited 1986

References

[1] Total loss of hearing (young girl of 12): £32,000 was the suggested figure by the Criminal Injuries Compensation Board (19 June 1984) but this is in a different category altogether. The Board also suggested £450 for an undisplaced nasal fracture and £700 if displaced, £2,750 for rape and £12,000 for loss of one eye. The quantum of damages in Berry was based on an earlier case Ashcroft v Curtin [1971], 1 WLR 1731, Court of Appeal, a motor accident case. Hearing loss was less than in Berry, but the awards are similar. Circumstances were different. Compensation tends to be higher in accident cases.

[2] W.G. Noble studied the men in detail: “The men don't give very much away, although on the other hand, there may not be all that much to give away. They seem to be a fairly balanced lot, within a rather narrow range of interests. Aware of the monotony of their job they do, however, get some satisfaction out of earning their livelihood and doing a day's work. They live quiet lives … Perhaps hearing loss does not matter all that much since they do not seem to make any great demands on life. A quiet life is the aim … not Living Theatre. One question is whether this quietness’ would be a natural feature of people like these or whether they have become so because of hearing loss.”