Damages

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Qualified one-way costs shifting (QOCS)

What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a

Pain, suffering and loss of amenity

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 of the sense

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

26th Oct

Practice notes

Vicarious liability in the course of employment—the close connection test

To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...

Produced in partnership with Andrew Wilson 23rd Oct

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Oct

Practice notes

Smith v Manchester awards

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

2nd Oct

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct

Practice notes

Psychiatric injury—secondary victims

What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

26th Sep

Practice notes

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...

26th Sep

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...

26th Sep

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

26th Sep

Practice notes

Provisional damages

Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...

26th Sep

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

26th Sep

Practice notes

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

26th Sep

Practice notes

Fraud, exaggeration and LVIs in personal injury claims

DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...

25th Sep

Practice notes

Catastrophic injury claims—heads of claim

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...

25th Sep

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

25th Sep

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

25th Sep

Most recent Damages content

Practice notes

Loss of congenial employment

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

25th Sep

Practice notes

Other heads of general damages

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

25th Sep

Practice notes

Loss of a chance and foreseeability of damage in clinical negligence claims

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

26th Sep

Precedents

Periodical payments order

CLAIM No.___________IN THE HIGH COURT OF JUSTICEQUEEN’S BENCH DIVISIONParties1X Y(by her litigation friend A C)Claimantand2R BFirst Defendantand3C...

26th Sep

Practice notes

The Ogden tables

NOTE: The 8th edition of the Ogden Tables was published on 17 July 2020 and contains revised actuarial tables which can be accessed here.NOTE: On 15...

26th Sep

Practice notes

Drafting schedules of loss in PI and clinical negligence claims

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...

26th Sep

Practice notes

Pain, suffering and loss of amenity

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 of the sense...

26th Sep

In-house

Practice notes

Damages in clinical negligence claims

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...

26th Sep

Practice notes

Drafting counter schedules of loss in PI and clinical negligence claims

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...

Produced in partnership with Louise Thomson 28th Sep

Q&As

Can you direct me to the guidance and case law on contributory negligence in a clinical negligence claim?

The Law Reform (Contributory Negligence) Act 1945 applies to clinical negligence cases in the same way that it does to other litigation. If a claimant...

Produced in partnership with James Tunley of Lamb Chambers 28th Sep

Precedents

Schedule of past and future loss for personal injury claims

[date]Claimant’s date of birth[date]Accident[date][Important medical milestones, such as discharge from hospital or surgery][date][if appropriate,...

30th Sep

Practice notes

General damages in fatal accident claims

Elements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform (Miscellaneous Provisions) Act 1934...

1st Oct

Practice notes

Smith v Manchester awards

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

2nd Oct

Practice notes

Recovery of social security benefits

The recovery systemA claimant will often receive state benefits as a result of an accident, injury or disease. The Department for Work and Pensions...

9th Oct

Practice notes

Valuing serious brain injury claims

DamagesGeneral damagesGeneral damages are awarded for pain, suffering and loss of amenity. They will be quantified with reference to the medical...

Produced in partnership with Caroline Klage Bolt Burdon Kemp 9th Oct

Practice notes

Rehabilitation in serious brain injury claims

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...

Produced in partnership with Caroline Klage Bolt Burdon Kemp 13th Oct

Precedents