“…he uplift applies to damages awarded for psychiatric harm and injury to feelings in a claim for disability discrimination (De Souza v Vinci Construction UK Ltd [2017] EWCA Civ 879) provides no support for the extension of the principle to breach of a repairing covenant. The case in question concerned a statutory tort for which damages we…”
“…han a restrictive approach to the application of the uplift – see for example Cruddas v Calvert [2015] EWCA Civ 171 (defamation), De Souza v Vinci Construction [2017] EWCA Civ 879 (claim in the employment tribunal for disability discrimination) and Mohammed v Home Office [2017] EWHC 2809 (QB) (false imprisonment).…”
“…The effect of section 124(6) has recently been considered by this Court in De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879, [2017] IRLR 844, where Underhill LJ (with whom Lindblom and Gross LJJ agreed) said at [27]:…”