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HIGH COURT CLAIMS ON BEHALF OF MODERN SLAVERY VICTIMS

This article explores high court claims on behalf of modern slavery victims, discussing existing authorities such as Dulghieru, Godwin v Ozoigwe, Galdikas v Houghton, and Ajayi v Abu. It covers causes of action in tort and contract, types of damages, and limitation periods.

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HIGH COURT CLAIMS ON BEHALF OF MODERN SLAVERY VICTIMS

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  1. HIGH COURT CLAIMS ON BEHALF OF MODERN SLAVERY VICTIMS

  2. EXISTING AUTHORITIES AT v Dulghieru[2009] EWHC 225 QB Godwin v Ozoigwe, CA, 16th June 1992 Galdikas v Houghton and others [2016] EWHC 1376 QB Ajayi v Abu, unreported, 1st December 2017, [2017] EWHC 3098

  3. CAUSES OF ACTION - TORT Trespass to the person: Assault and battery False imprisonment – seeJollah v SSHD [2018] EWHC Civ 1260 Protection fromHarassmentAct 1997 Negligence: commonlawduty to provide a safe system of work (non delegable); mayextend to protection fromacts of 3rd parties –Rahman v Arearose[2001] QB 351 Intimidation/deceit – Godwin v Ozoigwe Unlawfulmeansconspiracy

  4. CAUSES OF ACTION - CONTRACT National minimum wage Unlawfulcontract? Patel v Mirza [2016] UKSC 42 Hounga v Allen [2014] 1 WLR 2889 Quantum meruit

  5. TYPES OF DAMAGE Trespass torts are actionableper se Personalinjury Anxiety and distress/aggravated damages Pecuniaryloss: Pastwages Future wages/earningcapacity Exemplary damages

  6. LIMITATION Limitation Act 1980 Contract and tort 6 years Contractuallossrunscontinually but: S.32 Limitation Act – concealment of facts relevant to cause of action – time does not run – seeAjayi v Abu Any claim thatincludespersonalinjury– 3 years Section 33 Limitation Act - disapplying the limitation period for personalinjury PHA 1997: 6 yearsincluding PI – but cannotbeextended

  7. CASE STUDY – AJAYI v ABU

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