QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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Raphael Wiseman |
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-and - |
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Virgin Atlantic Airways Ltd |
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Katherine Howells (instructed by Clyde &Co) for the Defendant
Hearing date: 13 June 2006
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Crown Copyright ©
The Hon. Mr Justice Eady:
i) The cost of reasonable hotel accommodation during Dr Wiseman's enforced stay in Nigeria from 13 to 25 May 2004;
ii) Reasonable restaurant bills for the same period;
iii) Taxi fares in and out of Port Harcourt as he was trying to make his arrangements for his return to England;
iv) Postage and telephone bills.
"It is true that in one sense the defendant's conduct caused the imprisonment: but for that, no doubt, the plaintiff would not have been imprisoned. That, however, is not enough. Suppose, for instance, the plaintiff had met robbers whilst ashore, and been injured by them, he certainly could have recovered nothing from the defendant for such injury, yet the defendant might, in that case also, be said to have caused the damage. According to the ordinary rule, damage to be recoverable by a plaintiff must inevitably flow from the tortious act of the defendant. It must be caused by him as the causa causans, and this imprisonment was not so caused".