Q2 Content

Cards (7)

  • General Damages
    • Non financial
    • Not easily calculated
    • damages paid depends on injuries sustained
    • Includes Pain and Suffering, Loss of Amenities, and Loss of Career
  • Special Damages
    • Known as pecuniary losses
    • Financial
    • Easily calculated
    • Includes Loss of Earnings, Medical Expenses and Special Facilities
  • Mitigation of Losses
    • The claimant must mitigate losses (keep the cost low)
    • -> If the claimant fails to do so the judge will lessen the compensation
    • Claimant cannot claim for certain procedure if they are available on the NHS unless it is an emergency or the waiting time is too long
  • Civil Procedure Rule
    Designed to improve access to justice by making legal proceedings cheaper, and easier to understand.
  • Evaluation of the Civil Procedure Rule
    "The outcome is binding" which is an advantage because the issue can be resolved and claimants can appeal the decision if they don't agree or have further issues.
  • County Court
    > Listens to most cases
    > Inferior judges sit and listen to cases in this court
    > A circuit judge will listen to the proceedings
  • Crown Court

    > All court rulings are binding
    > You can appeal the decision
    > A superior judge listens to the cases
    > Deals with complicated and difficult cases