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.