Q&As

How is an award for loss of amenity valued? Do judges apply an uplift? Is there a percentage based on the severity, or is it discretionary basis?

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Published on LexisPSL on 30/08/2016

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • How is an award for loss of amenity valued? Do judges apply an uplift? Is there a percentage based on the severity, or is it discretionary basis?
  • Pain, suffering and loss of amenity

Pain, suffering and loss of amenity

The aim of the award for pain, suffering and loss of amenity is to provide fair, just and reasonable compensation for the non-pecuniary injury that has been sustained by a claimant; see Practice Note: Pain, suffering and loss of amenity.

Where there is permanent injury, the damage to be assessed may include, among other elements, loss of the joys of life, such as sports, recreation, music or the mere ability to walk about. See: The elements of a claim for pain, suffering and loss of amenity: Munkman on Damages for Personal Injuries and Death [6.10].

The quantification of general damages was considered by Lord Roche in Rose v Ford as follows:

‘If there is loss of amenity apart from the obvious and normal loss inherent in the deprivation of the limb-if, for instance, the claimant's main interest in life was some sport or hobby from which he will in future be debarred, that too increases the assessment. If there is a particular injury to the nervous system, that also increases the assessment. So too with other personal and subjective matters that fall to be decided in the light of common sense in particular cases. These considerations are not dealt with as separate items but are taken into account by

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