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Tort Law - Compensation Homepage

The issues of compensation is one of the most important issues to arise, once there has been a finding that the punishment of a person has amounted to a miscarriage of justice. In the UK, following the work of the Criminal Cases Review Commission, and the overturning of many cases by the Court of Appeal, cases have been automatically considered for compensation. However, in Australia there is no CCRC, and the issue of compensation may have to be worked out by the courts in accordance with the principles of liability in tort.

We are therefore starting this new homepage to enable our visitors to familiarise themselves with the discussion of these important principles by the Australian courts.

Tort - Media Reports

A must read

The judgment of the Treverrow case includes detailed analysis of the relevant legal issues.
However, it also includes a detailed review of the literature on the harmful effects of separating children from their mother at an early age. This is combined with an analysis of expert reprorts on such issues, and which will have wide application beyond the particular circumstances of this case.

Canada - Ontario - Robins Advisory Report on Compensation in the case of Stephen Truscoot

Damages cases - Law Reports

Damages cases - media articles

Compensation cases

Cases

This is a recent discussion by the High Court of the principles which apply to the state for the misconduct of its officials. In this case the officials concerned were police officers. However, there is no reason to think that the same principles would not apply to other government employees. The High Court accepted that where the conduct of the officials or the State was really bad, then an award of "aggravated" or "exemplary" damages would be appropriate in addition to the usual damages awarded. They are variously designed to effect punishment or disapproval. In an appropriate case both would be available in addition to the normal damages awarded.

2007 - Reynolds v Dr Charles Smith Ontario
A pathologist was sued after diagnosing death by multiple stabbing. The victim's mother went to prison for it. It was subsequently determined that the "stab wounds" were dog bites. Mrs Reynolds is suing for negligence and misfeasance in public office. "Witness immunity" was said not to be applicable.

2006 - Reynolds v Dr Charles Smith
This is the judgment of Wilson J on the intermediate appeal

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Networked Knowledge Tort Law - Compensation Homepage