Damages

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Damages guidance:

This Settlement is dated this[•] day of[•] 20[•] and made between: Parties 1 [name] of [address] (the Settlor); and 2 [[name] of [address]; and [name] of [address] (the...

Precedents

Brexit: As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

Is it reasonably necessary? The claimant will be entitled to recover aids and equipment if they can prove that they are for a genuine medical or therapeutic need and are...

Practice Note

Timing and procedure A claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service. See Practice Note: After a...

Practice Note

Introduction The process of challenging a Compensation Recovery Unit (CRU) certificate of recoverable benefits was reformed in 2013, in the hope that a greater number of...

Practice Note

If a claimant has lost entitlement to state pension as a result of an accident there is, on the face of it, a potential claim in respect of that loss. However, to assess...

Practice Note

The claim and basis for it This type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the defendant’s negligence....

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. For...

Practice Note

General principles As a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their injuries. A collateral...

Practice Note

A. Orthopaedic Orthopaedic conditions affecting the bones, muscles and ligament structure. Common tests include: • central nervous system • cranial nerves • cervical...

Practice Note

General damages Pain, suffering and loss of amenity The court will make a monetary award to reflect the gravity of an injury and the effect it has had on a particular...

Practice Note

Contributory negligence Recoverable benefits Any deductions for contributory negligence should be determined before assessing the amount of the compensation payment. 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. Which...

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

Section A: Past losses 1 Past loss of earnings (i)–(ii) Loss of earnings to 17 June 2009 are agreed in the pleaded claim of £3,743.41. (iii)–(iv) Loss in the period 18...

Precedents

Replacement vehicles and hire generally Where a driver’s vehicle has suffered damage in an accident sufficient for it to require repair or replacement, they may well need...

Practice Note

Enforceability of contracts Some credit hire agreements have been vulnerable to attack as unenforceable where the credit hire company has failed to comply with certain...

Practice Note

Defendant insurers commonly raise issues going to the quantum of the claim for hire charges. The common areas of dispute are: • need/type • period, and • rate For further...

Practice Note

What can be offset? A claimant will often receive state benefits as a result of their accident and the Department for Work and Pensions operates a system for recovering...

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

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new discount rate came...

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

Gross to net income conversion For further information, see: Gross to net income converted: Butterworths Personal Injury Litigation Service [321]–[360]....

Practice Note

Interest on general damages Entitlement A claimant is entitled to simple interest at a rate the court deems fit. The rate Interest on general damages is awarded at the...

Practice Note

Introduction Background and entitlement Often an injured claimant, particularly a seriously injured one, will need funds well in advance of the final resolution of their...

Practice Note