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GLOSSARY

General damages definition

What does General damages mean?

damages assessed to compensate a claimant for damage or loss other than financial loss.

These include, for example, damages for pain, suffering and loss of amenity; for loss of enjoyment or use of an asset; for disadvantage on the open labour market; for distress and inconvenience; and for damage to reputation.

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Completing the JCT 2024 Minor Works Building Contract Particulars—checklist

Completing the JCT 2024 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

Valuing general damages—checklist

Valuing general damages—checklist This Checklist outlines the issues a practitioner should consider when valuing general damages. It looks at different heads of damage including pain, suffering and loss of amenity (PSLA), Smith v Manchester awards, loss of congenial employment, loss of use, holiday disruption, damage to relationships, loss of marriage prospects, aggravated damages, unnecessary treatment, fatal accidents and interest. Head of Damage Valuing the claim Further Reading PSLA Pain and suffering is the subjective experience of the victim.Loss of amenity is the reduction in the ability to perform everyday tasks.Damages are awarded for physical and/or psychiatric injury and encompass suffering from the past, present and future.There is no formula.When assessing PSLA, certain factors will be relevant including:—severity and extent of the injury—whether there are multiple injuries—physical pain caused by the injury including by any medical treatment, eg an operation—age of the claimant—duration of symptoms—degree of incapacity—mental distress—loss of the enjoyment of life—disfigurement or scars—ability to resume hobbies including sport, DIY and gardening—pre-existing illness or disability, or exacerbation of...

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Liquidated damages process under JCT Design and Build Contract 2024—flowchart

Liquidated damages process under JCT Design and Build Contract 2024—flowchart The flowchart below summarises the key steps required in order for an employer to be able to claim or deduct liquidated damages under the JCT Design and Build Contract 2024. Although it focuses on liquidated damages for late completion of the Works, the same steps will apply in relation to late

Liquidated damages v penalty clause—checklist

Liquidated damages v penalty clause—checklist As seen in Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses, the task of determining whether or not a liquidated damages clause may be held to be unenforceable as a penalty is not always an easy one. While it will be a matter of construction for the courts in each case, there are a number of factors to consider when analysing the scope of an alleged liquidated damages clause and whether or not it may be susceptible to challenge as a penalty. If drafting a liquidated damages clause, it is essential that you keep these factors in mind in drafting the clause (and its relationship with related clauses). See: • Drafting and negotiating a liquidated damages clause—checklist • Precedent: Liquidated damages clause For specific consideration of how clauses in commercial contracts which provide for ‘default interest’ have been considered in the authorities, see: • Penalty interest rates in commercial contracts • Contract interpretation—distinguishing between liquidated damages and penalty clauses—When might default interest be...

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Other heads of general damages

General damagesGeneral damages comprise those heads of loss (past and future) that are non-pecuniary and are not capable of precise calculation and, instead, an assessment of an appropriate sum is made.In practice, the term general damages is often used to refer only to the award for pain, suffering and loss of amenity (PSLA) and although this is the most common head of general damages, it is not the only one. Care must therefore be taken to ensure that both parties are aware of exactly what is being referred to, particularly during the course of settlement negotiations.For a more detailed explanation, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages?—terminology explained.Within the general damages head of loss, there are additional awards that can fall within this category including:•handicap on the open labour market (Smith v Manchester Award)•loss of congenial employment•loss of use•loss of enjoyment of a holiday•marriage breakdown or loss of marriage opportunities•aggravated damages•unnecessary medical treatment•all future pecuniary loss, eg future loss of earnings,...

Pain, suffering and loss of amenity (PSLA)

Basis for valuing the lossHow should an injury be measured in a sum of money? After all, no formula can calculate the value of the loss of an arm or the sense of smell.Damages for pain, suffering and loss of amenity (PSLA) are awarded for physical and/or psychiatric injury and encompass suffering from the past, present and future. One overall sum is awarded although the damages may be divided into two elements:•pain and suffering—this is the subjective experience of the injured claimant•loss of amenity—this is the reduction in the ability to perform everyday tasksA claimant is compensated for the loss suffered as a result of their injury including being unable to lead a full life. The award for PSLA is derived from the Judicial College Guidelines (JCG) and comparable cases.Where a claimant has suffered multiple injuries, the court may provide a breakdown of the PSLA award to show what sum was awarded for each injury or to clarify whether any discount was applied to reflect any overlap in the pain...

Discover our 41 Practice Notes on General damages

Letter of claim for negligently performed surgery

Letter of claim for negligently performed surgery Dear [insert organisation name] Letter of Claim [insert claimant’s name] v [insert defendant’s name] We have been instructed to act on behalf of [insert claimant’s name] in relation to treatment carried out/care provided at [insert name of defendant hospital] by [insert name(s) of surgeon(s) if known] on or around [insert date(s)]. Please let us know if you do not believe that you are the appropriate defendant or if you are aware of any other potential defendants. This letter is sent pursuant to the Pre-Action Protocol for the Resolution of Clinical Disputes. You should acknowledge receipt of this letter in writing and identify who will be dealing with this matter within 14 days. Failure to acknowledge receipt may result in the Claimant issuing proceedings without further reference to you. Further within four months of receipt of this letter you should provide a Letter of Response setting out whether the claim is admitted or denied and provide copies of any...

Claim against an employer on behalf of an employee who was attacked at work by a patient

Claim against an employer on behalf of an employee who was attacked at work by a patient IN THE COUNTY COURT AT [INSERT][OR] IN THE HIGH COURT CLAIM NO: Between [XX] Claimant and [YY] Defendant _____________________________________________________ PARTICULARS OF CLAIM ______________________________________________________ 1 At all material times the Claimant was employed by the Defendant as Healthcare Assistant. 2 On or about [insert date] the Claimant was working at the [insert details] Ward at the Defendant’s hospital which catered for service users with mental health issues. 3 The Claimant commenced his shift at [insert time] and was allocated to work for a particular service user (“[ZZ]”) providing constant observation. 4 During the course of his shift the Claimant asked [ZZ] if he wished to have something to eat or drink whereupon [ZZ] punched the Claimant in the face. As a result of the said attack the Claimant suffered personal injury, loss and damage. 5 The Claimant’s injury loss and damage were caused or contributed to by the negligence of the...

Dive into our 34 Precedents related to General damages

Does a CFA have to include a success fee to be enforceable?

Does a CFA have to include a success fee to be enforceable? What is a CFA? A conditional fee agreement (CFA) is a type of funding agreement which is more commonly referred to as a ‘no win no fee’ agreement. Section 58(2)(a) of the Courts and Legal Services Act 1990 (CLSA 1990) formally defines a CFA as: 'an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances' What are the requirements for a CFA? In order to be an enforceable CFA, the requirements of CLSA 1990, s 58(3) must be met: • it must be in writing • it must not relate to proceedings which cannot be the subject of an enforceable CFA; and • it must comply with such requirements (if any) as may be prescribed by the Lord Chancellor The requirements prescribed by the Lord Chancellor are to be found in the Conditional Fee Agreements...

Do you have any guidance for contents of a witness statement for a Personal Injury case where quantum is in dispute?

Do you have any guidance for contents of a witness statement for a Personal Injury case where quantum is in dispute? A statement dealing with quantum should follow a format of events as follows: Generally—always remember: • the witness statement should ‘tell the story’ in chronological order • the factual issues in the case should all be dealt with • the witness statement is a statement of fact, not opinion, and • the witness statement must be true Specifically, re quantum: • to ascertain what is in issue, go over the schedule of loss and any counter schedule of loss and identify what is in dispute • any claim must ideally be supported with evidence—the witness statements could deal with care regimes,

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Damages under the Defective Premises Act 1972—what’s recoverable? (Wilson v HB(SWA))

Construction analysis: The Technology and Construction Court (TCC) struck out several heads of claim advanced against a developer by former leaseholders of residential apartments, in a claim for defects based on breaches of duty under the Defective Premises Act 1972 and breach of leasehold covenants. The court considered that several of the alleged losses were too remote, or purely hypothetical.

When do the exceptions in the EL/PL Protocol apply? (Johnson v Choice Support)

PI & Clinical Negligence analysis: This case considered whether the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims applied to a claim brought by the claimant against her employer, arising out of an injury she sustained when she was pushed by an elderly patient. The case ultimately settled for £16,500. The claimant argued that the case was unsuitable for the Protocol because (1) it was reasonably valued in excess of £25,000 and (2) it was a claim which fell under the exception in paragraph 4.3(8), which read ‘this Protocol does not apply to a claim—for damages in relation to harm, abuse or neglect of or by children or vulnerable adults’. The Costs Judge found: (1) It was reasonable for the claimant to value the claim in excess of £25,000; (2) The case did not fall within paragraph 4.3(8) because the action did not constitute ‘harm, abuse or neglect’. The claim was correctly started outside the Protocol and did not attract fixed costs. Written by Daniel...

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