General damages

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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
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
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...
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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
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
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
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
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
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
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
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
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
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
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...
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9th Nov
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 Nov
Practice notes
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent General damages content

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
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 15th Feb
Precedents
Note: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) is applicable under UK law from the end of the...
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Produced in partnership with David Robinson of Thompsons Solicitors 12th Feb
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 8th Jan
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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8th Dec
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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7th Dec
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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7th Dec
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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7th Dec

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