Bain v Stimpson [1994]
Three tenants shared a house. Following a schizophrenic episode and complaints from two of the tenants, the landlord unlawfully evicted the third tenant by removing her possessions and dumping them in the driveway outside her parent's house. The tenant brought an action for unlawful eviction.HELD:
The judge awarded general damages of £1,000 and aggravated damages of £30,000 to compensate for injury to feelings and hurt pride. Exemplary damages of £1,000 were also awarded to punish the landlord for his actions.
However, the judge did reduce the overall damages by one-third in awarding £20,334 under s28.
s27 sets out some of the criteria for discretionary reduction in broad terms.
Citation: Bain v Stimpson [1994] CLY 1451

