General damages

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Practice notes
Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...
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9th Nov
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
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,...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
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...
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9th Nov
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
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...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
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...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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Produced in partnership with Andrew Wilson 9th Nov
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov

Most recent General damages content

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...
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Produced in partnership with David Robinson of Thompsons Solicitors 25th Nov
Practice notes
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...
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Produced in partnership with Caroline Klage Bolt Burdon Kemp 25th Nov
Practice notes
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...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 19th Nov
Practice notes
OverviewIn civil proceedings, surveillance evidence is most commonly used by defendants in personal injury claims. Its aim is to show any difference...
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Produced in partnership with David Willink of Lamb Chambers 9th Nov
Practice notes
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,...
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2nd Oct
Practice notes
Elements of a fatal accident claimThere are two different elements to a fatal accident claim:•the Law Reform (Miscellaneous Provisions) Act 1934...
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1st Oct
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 1st Oct
Q&As
Claims can be raised for loss of enjoyment of a holiday or an activity and falls under the category of a non-pecuniary loss, as the injury has been...
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29th Sep
Q&As
For procedural issues of this nature the first port of call is the Civil Procedure Rules (CPR), followed closely by any relevant Practice...
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Produced in partnership with Peter Edwards of Devereux Chambers 29th Sep
Q&As
In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...
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28th Sep
Q&As
Low value road traffic accident and employer’s/public liability claims in which liability is admitted proceed through the Ministry of Justice Portal....
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Produced in partnership with Daniel Laking of Temple Garden Chambers 28th Sep
Q&As
The Lord Chief Justice announced a 10% increase in general damages awards to compensate for the pain, suffering, distress and inconvenience of...
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28th Sep
Q&As
Pain, suffering and loss of amenityThe aim of the award for pain, suffering and loss of amenity is to provide fair, just and reasonable compensation...
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28th Sep
Q&As
Reasonable travel costs incurred in attending treatment sessions or medical appointments are recoverable. In addition, courts will sometimes award a...
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28th Sep
Q&As
Where a lay witness has provided a witness statement but has subsequently died before the hearing, the party relying on the evidence of that witness...
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Produced in partnership with Andrew Wilson 28th Sep
Q&As
A statement dealing with quantum should follow a format of events as follows:Generally—always remember:•the witness statement should ‘tell the story’...
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Produced in partnership with Rankeshwar Batta of Anthony Collins Solicitors 28th Sep
Q&As
Single joint experts and joint statements prepared by expertsThe rules on instructing experts and disclosure of expert reports in civil cases are...
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28th Sep
Q&As
The pre-action protocol for the resolution of clinical disputes (clinical negligence protocol) has a prescribed method for obtaining medical records....
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28th Sep
Practice notes
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...
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26th Sep
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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26th Sep

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