i-law

Litigation Letter

Foreseeable discrimination injury

Essa v Laing Ltd CA TLR 29 January

The Court of Appeal, by a majority, has upheld the decision of the EAT (22/ LL p67) that in assessing damages to compensate a victim of unlawful race discrimination, the appropriate test to be applied is the establishment of a causal link between the act of discrimination and injury alleged. It is unnecessary to superimpose the requirement of establishing that the injury was reasonably foreseeable.

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