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By R. Jayabalan
Medical negligence claims have shown that aggravated damages may be awarded when the defendant’s conduct was high-handed or oppressive so as to increase the plaintiff’s mental anguish, anxiety and suffering.
Additionally, aggaravated damages may also be awarded to show the court’s disapproval and contempt of the manner the defendant and his solicitors had conducted his defence in court e.g
1. Denying liability and prolonging trial when liability is clear from the outset.
2. Shifting the blame to the plaintiff during cross examination.
3. Unfair, uncalled for cross-examination.
4. Not disclosing documents or producing witnesses.
5. Tampering with the documents.
6. Being ‘economical with the truth’.
This litigation oversight by the court is necessary so that litigation is conducted fairly and equitably notwithstanding the adversarial complexion. Hence defendants (and their solicitors) ought to be reasonable and equitable in staging their defence and playing out their strategy, failing which they must be prepared to pay the additional ‘price’ by way of aggaravated damages when the strategy is caught out in court.
R. Jayabalan
MESSRS R. JAYABALAN
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