Remedies

• What is the focus of the section titled "Remedies and Loss"?


  Damages
• What happens when a statute authorizes a tort?

  The injured party has no remedy except compensation
• What is the duty to mitigate loss?

  Not to claim losses that could be avoided
• Under what circumstances will courts award a single final sum of compensation?

  Unless there is an ongoing issue or specific provisions
• What are the three exceptions for awarding compensation mentioned?

  Ongoing issue, provisional damages, interim payment
• What does "pecuniary" refer to in the context of damages?

  Financial losses
• What is included in pecuniary losses?

  Loss of earnings
• What is the formula for calculating future loss of earnings?

  Multiplier and multiplicand
• What does "non-pecuniary" refer to in the context of damages?

  Non-financial losses
• What are examples of non-pecuniary losses?

  Pain and suffering, loss of amenity
• What are special damages?

  Quantifiable financial losses incurred before trial
• What are general damages?

  Non-quantifiable future financial losses
• How do special damages differ from general damages?

  Special damages are quantifiable, general are not
• What does the Fatal Accidents Act 1976 S1A provide for bereavement damages?

  It awards damages to specific relatives of the deceased
• Who is eligible for bereavement damages under the Fatal Accidents Act 1976?

  Spouse, civil partner, and certain parents
• What is the current amount for bereavement damages since 1.5.2020?

  £15,120
• What is the limitation period for claims under the Limitation Act 1980?

  6 years for most claims
• What is the limitation period for death or personal injury claims caused by negligence?

  3 years from the date of the incident
• When does the limitation period start for children regarding personal injury claims?

  When they attain the age of 18
• What are the key provisions of the Fatal Accidents Act 1976 and its amendments?

  • Awards bereavement damages to specific relatives
  • Current amount: £15,120 since 1.5.2020
  • Eligibility: spouse, civil partner, and certain parents
• What are the limitations set by the Limitation Act 1980?

  • General limitation: 6 years
  • Death/personal injury claims: 3 years
  • For children: limitation starts at age 18