Remedies

• When are remedies used?

  Awarded after negligence has been established, usually compensation
• What are damages?

  A form of monetary compensation.
• What's the aim of damages?

  Compensate claimant for his/her losses and as far as possible, return them to a position they would have been in if the incident hadn't of happened.
• What are Special damages?

  Covers the compensation for the financial costs incurred up to the date of the trail, damages which are easily calculated.
• Examples of Special damages

  Loss of earnings, medical expenses, damages to property
• What case relates to Special damages?

  Jefford v Gee 1970 - Interest charged at a daily rate decided upon by court
• What are General damages?

  Damages which cannot be easily calculated and usually either relate to pain and suffering or the future​
• Examples of General damages

  future loss of earnings, loss of amenity (hobbies), pain and suffering, future nursing expenses​

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• What case relates to General damages?

  ​Donnelly v Joyce (1973) – loss of amenity may include the lost wages of a family member taking care of the claimant.
• What is Mitigation of loss?

  The duty to mitigate means that a claimant must take all reasonable steps to minimise their losses. ​- claimant should not profit from the incident - a claimant cannot claim damages for losses which could have been avoided by taking reasonable steps.
• What case relates to mitigation of loss?

  Marcroft v Scruttons (1954) - Claimant was injured by the defendant's negligence. However, the claimant then refused to attend hospital and his injuries worsened. ​

  Claimant had a duty to mitigate his losses and therefore, the losses subsequent to his refusal to attend hospital were not recoverable.​
• What are Deductions?

  Some deductions are made reducing the amount of damages.
• Example of Deductions

  Government social security payments must be deducted from award – Fairhurst v St.Helens and Knowsley Health Authority (1993) – if carer is in receipt of carers allowance this will be deducted from the amount awarded
• What case related to Contributory negligence?

  Froom v. Butcher – 25% not wearing seatbelt.​
• What are the two methods of payment?

  • Lump sum awards – the entire sum of money that forms the award of damages is payable at once. ​

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  • Structured settlements – general damages paid as regular income for the life of the claimant. Used for claims involving long-term or permanent serious injuries.​