Provocation CASES

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Lane v Holloway [1967] EWCA Civ 1

An elderly man insulted a younger man's wife and threw a minor punch. The younger man retaliated with a severe punch, causing serious injury. The Court of Appeal held that provocation is not a defence to battery and cannot reduce compensatory damages. Facts The plaintiff, Mr Lane, was a 78-year-old man. The defendant, Mr Holloway, was a 23-year-old. After an argument between their wives, the plaintiff insulted the defendant’s wife. Words were exchanged between the two men, and the plaintiff, believing he was about to be struck, punched the defendant on the shoulder. In response, the defendant struck the plaintiff