5 ms·
The legal costs are a real damage that he can claim for. It's just that it isn't automatically a given that he would be awarded them. In a case like this, I wou
by goodcanadian 7y ago
The legal costs are a real damage that he can claim for. It's just that it isn't automatically a given that he would be awarded them. In a case like this, I would expect that he would prevail in such a claim. You can also be awarded punitive damages far in excess of the financial damages.
Edit: I would expect the main claim to be reputational damage with some absurdly high made up dollar value, and if the facts of the case are as you have presented them, the plaintiff would probably win a smaller, but still very high award.
- willyt 7y agoAhh, so we don’t have punitive damages. IANAL but as I understand it, it has to be a reasonable estimate of the financial loss caused. So if he was off sick from work with stress I’m guessing it would be the difference between sick pay and full pay for the period he was off. Reputation damage would need to show you lost your job or lost clients, since he probably worked for the NHS and I’m guessing he didn’t get fired or suspended this would not be a major amount of money. You can’t even put punitive damages in a contract, so for example if you hire a builder and write that the house must be finished by date X, or they have to pay Y per week. You can’t select any figure for Y it has to be a reasonable estimate of how much it would cost to deal with the situation i.e rent another house temporarily, pay removals company twice etc. If it’s too high you run the risk of having the term struck out as punitive and therefore getting nothing.