Damages

Damages guidance:

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019....

Practice Note

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019. The...

Practice Note

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019. The...

Practice Note

Elements of a fatal accident claim There are two different elements to a fatal accident claim: • the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows...

Practice Note

Remoteness and foreseeability If an injury was in fact caused by an act of clinical negligence, that does not mean the courts will award damages to the claimant against...

Practice Note

Nature of the award A claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates specifically to the loss...

Practice Note

General damages General damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation. The most common and important item of...

Practice Note

Valuing the loss How 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 of the sense of smell. A...

Practice Note

CLAIM No.___________ IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION Parties 1 X Y (by her litigation friend A C) Claimant and 2 R B First Defendant and 3 C D Second...

Precedents

The recovery system A claimant will often receive state benefits as a result of their accident, injury or disease. The Department for Work and Pensions (DWP) operates a...

Practice Note

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019. Also see...

Practice Note

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...

Precedents

Background data STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases...

Precedents

The nature of the award Where an injured person is disadvantaged in seeking employment in the labour market as a result of a residual disability resulting from an injury,...

Practice Note

NOTE: On 15 July 2019, the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019....

Practice Note

Damages General damages General damages are awarded for pain, suffering and loss of amenity. They will be quantified with reference to the medical evidence. As the...

Practice Note