Remedies

• Two types of remedies awarded by the court in a successful claim in Tort

  - Damages

  - Injunctions
• Damages


  Involves the payment of money by the claimant to the defendant
• Compensatory Damages


  - A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

  - Sum awarded reflects the loss the claimant has suffered

  - Aims to put the C back into position they were in before the Tort took place
• Key Case For Special Damages -

  Povey v Governors of Rydal School (1970)


  Claimant injured in a rugby scrum, received an award for hydraulic lift to help their wheelchair in and out of a car
• General Damages


  Awarded for loss that cannot be precisely calculated.

  E.g. Pain, suffering and loss of amenity (changed to future lifestyle due to damage suffered)
• Two Types Of General Damages

  - General damages for pecuniary losses

  - General damages for non-pecuniary losses
• Pecuniary loss


  Financial losses that cannot be precisely calculated

  E.g. Future loss of earnings or the cost of future medical care
• Non-pecuniary damages


  compensation for losses that do not involve an actual loss of money and are difficult to quantify

  E.g. Pain, suffering, and loss of amenity
• Awards Of Damages


  - Can be awarded a lump sum

  - Can be awarded as a structured settlement

  - Amount can be reassessed at intervals to ensure its value is maintained
• Structured Settlement


  An arrangement by which the claim is paid in instalments rather than in one lump sum settlement.
• Evaluation Of Structured Settlement

  - Fairer to the claimant as their condition may deteriorate over time

  - Fairer to the D if C's condition improves and they no longer need the same level of support

  - Courts have no power to order a Structured Settlement, an agreement must be made between parties
• Mitigation of loss


  - The expectation that a person injured by a breach of contract will take reasonable steps to reduce any losses that the breach caused

  - To keep the losses at a reasonable level
• Mitigation Of Loss - Property Loss

  When the claimant is expected to minimise the costs of the loss

  E.g. Where a car is damages the claimant may be able to claim for the reasonable cost of a suitable hire car but not a luxury vehicle
• injunction


  An order made by the court to stop a person from doing something in favour of the claimant
• Evaluation Of Injunctions


  - If the order is breached the subject will be in contempt of court

  - Often used in cases of nuisance to get D to stop committing the nuisance

  - Made as part of the resolution of the cases are known as 'perpertual injuctions
• Perpetual Injuctions


  Injunctions made as part of the resolution of the case
• Evaluation of Injunctions


  Supreme Court criticised courts for nearly always imposing an injunction in nuisance cases

  - This remedy will be granted less of in future, especially where there an injunction has a severe impact on the person causing the nuisance and where inconvenience to the claimant is relatively small
• Mandatory Injunction


  An order requiring a person to do a particular act

  E.g. Sound proofing to prevent further noise nuisance