Morris v Kwik Save Stores Ltd

Leave to appeal should be refused where the proposed grounds disclose no reasonably arguable point. A damages award may take account of compensation already recovered for the same incident, so that further damages cover only loss or suffering not previously compensated. Admission of liability and the absence of defence witnesses do not, without more, justify appellate intervention. Refusal of an adjournment is not unfair where the applicant had adequate time to prepare. Errors in a judgment note warrant intervention only if they are material to the result. Wrongful conduct does not, in ordinary circumstances, itself justify aggravated or exemplary damages.

Mr Morris brought a claim against Kwik Save Stores Ltd arising from a wrongful shoplifting accusation and arrest-related incident. He had already recovered approximately £1,500 from Temple Security Services Ltd in separate proceedings concerning the same incident. Kwik Save admitted liability, and the Lambeth County Court awarded Mr Morris £350 for the additional suffering caused by its cashier and manager, refusing aggravated and exemplary damages. He applied out of time for leave to appeal, alleging inadequate damages, unfair refusal of an adjournment, and inaccuracies in the approved judgment note. The central issue was whether any ground was reasonably arguable.

Application dismissed. Lord Justice Morritt gave the judgment, with which Lord Justice Kennedy agreed. The application for leave to appeal and an extension of time was refused.

1. The admission of liability and the failure of Kwik Save to call the cashier or manager did not justify appellate intervention. The trial judge was aware of the circumstances relied upon and was entitled to reach conclusions on the issues before him.
2. The refusal of an adjournment did not make the trial unfair. Although Mr Morris received an only partially legible copy of Thompson v Commissioner of the Police for the Metropolis shortly before the hearing, the trial began about three hours and forty minutes later. That was adequate time to read the authority and prepare submissions.
3. The approved judgment note contained an error about when the cashier became involved. The trial judge accepted the error, but it did not affect the damages assessment. The judge had been entitled to take account of the earlier compensation obtained against Temple Security Services Ltd. The distinction between describing the case as abnormal or standard was also immaterial.
4. The trial judge had considered the circumstances of the incident, the guidance referred to from [1997] 2 All ER 762, and the compensation already received. The further award for the time spent in the store disclosed no reasonably arguable error. The refusal of aggravated and exemplary damages likewise disclosed no arguable ground for appeal.

• Court of Appeal (Civil Division): application for leave to appeal and extension of time dismissed.
• Lambeth County Court: on 16 February 1998, His Honour Judge Gibson awarded £350 damages against Kwik Save Stores Ltd.