General damages

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Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Andrew Wilson 12th Jan
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 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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
Precedents
Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
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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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 Louise Thomson 12th Jan
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent General damages content

Practice notes
These drawings have been prepared by Dr Manuel Anderson of South Shields, Tyne and Wear, a Consultant General Physician and Fellow of the Royal...
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9th Apr
Practice notes
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change...
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Produced in partnership with Caroline Klage Bolt Burdon Kemp 9th Apr
Practice notes
Advantages of collating medical recordsOrganising medical records prior to instructing a medical expert has several benefits:•it can cut down on the...
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9th Apr
Practice notes
General damagesGeneral damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation.The most common and...
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9th Apr
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 Apr
Practice notes

The Judicial College G

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9th Apr
Practice notes
A. OrthopaedicOrthopaedic conditions affecting the bones, muscles and ligament structure. Common tests include:•central nervous system•cranial...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 9th Apr
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 Apr
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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9th Apr
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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9th Apr
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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9th Apr
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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24th Mar
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 24th Mar
Practice notes
IntroductionIt is important that personal injury practitioners are fully aware of all potential medical issues relating to the claim. The medical...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 24th Mar
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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18th Mar
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 18th Mar
Practice notes
A third version of the Rehabilitation Code was published in September 2015 and became substantially operational on 1 December 2015.For the...
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4th Mar
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 39 Essex Chambers 15th Feb
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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15th Feb

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