Tort remedies

• Aim of damages

  • To restore the claimant to the position that they would have been in had the tort not occurred
  • Compensation will be paid for losses that are not too remote
• Pecuniary losses = Loss that can easily be calculated in money terms

  EG Cost of hiring a car or Cost of repairing a car
• Non - pecuniary losses = These cannot be mathematically calculated so include compensation for things such as pain and suffering and loss of amenity
• Special damages

  • These pecuniary (money) losses can be calculated specifically
  • Loss of earnings up date of trial
  • Repair or replacement costs
  • Transport costs
• General damages

  These cannot be mathematically calculated at the date of the trial.
• General Damages - Two categories

  • Damages for future financial loss
  • Damages for the effects of the injury
• Damages for future financial loss

  • Future cost of care
  • Future loss of earnings
• Damages for the effects of the injury

  • Loss of amenity
  • Pain and suffering
• Heads = Categories within which damages can be awarded
• Heads of damages - Most common headings

  • Expenses
  • Medical and care costs
  • Loss of earnings
  • Pain and Suffering
  • Loss of amenity
  • Damage to property
• Cost of care

  • Private medical care including costs of specialists can be claimed
  • NHS hospitals can recover the costs of treating accidents victims from insurers
  • Relatives who give up work to provide care can recover loss of earnings
• Loss of Earnings

  • Loss to date
  • Future loss
• Loss of Earnings - Loss to date

  • Earnings from the date of the accident to the trial
  • Can include the loss of fringe benefits
  • Liable to tax deductions
• Loss of earnings - Future loss

  • Earnings after the trial date
  • Speculative only
  • Reduced earning power can be compensated for
• Calculating future loss of earnings - Lump sum damages are calculated using 'multiplicands' and 'multipliers'
• Multiplicands = Sum that must be multiplied (£20,000 annual salary)
• Multipliers = Number of years for multiplicand to be multiplied by
• Calculating future loss of earnings - example

  • £20K salary (multiplicand) x 5 years inability to work (muliplier) = £100K damages
• Pain and Suffering

  • Awards in previous cases are used as benchmarks
  • The Judicial College produces guidelines to help
• Loss of Amenity

  • Means the loss of a chance to enjoy activities that the claimant would usually have enjoyed, such as a sport
  • Also includes compensation for other everyday things that the claimant cannot now do such as getting dressed
• Lump sum settlements

  • Damages awarded as a lump sum which the claimant is expected to invest
  • Can't come back and ask for more if you spend it all
• Structured settlements

  • Allowed by the Damages Act 1996
  • All or part of the damages can be made as periodical payments
• Structured settlements - 3 parts

  1. A lump sum payment to cover costs and expenses before settlement to case
  2. Regular monthly payments to cover future care costs and loss of earnings
  3. A future lump sum to cover contingencies
• Duty to mitigate

  • Where damage is caused to property, the law imposes on the claimant a duty to mitigate (reduce) his loss
  • Private medical treatment cannot be claimed if there is suitable NHS treatment
• Injunctions

  • An injunction is usually an order to stop a person from doing something
  • A breach of an injunction is contempt of court
• Types of injunctions

  • Prohibitory
  • Mandatory
  • Interim
• Prohibitory injunction = Most usual type. To stop someone from doing something
• Mandatory injunction = To order a party to do something
• Interim = Given to stop someone from carrying out an activity until a final decision can be made
• Abatement = A legal proceeding is suspended or interrupted