remedy of compensatory damges

Pecuniary loss

A loss that can be easily calculated in money terms

Non pecuniary loss

A loss that is not wholly money based

E.g

Pain and suffering

Loss of amenity or a change in lifestyle

Special damages

Amounts which can be calculated specifically up to the date of the trial or settlement

General damages

Non pecuniary losses looking forwards from trial date can include

An amount for pain and suffering

Loss of amenity

Future loss of earnings

Future medical expenses

Lump sums and structured settlements

Lump sum -once only award claimant cannot claim again in court

Lumps sums could be unfair to c if condition gets worse or to d if they get better

Damages act 1996 -allows for structured settlements, damages payed as periodical payments, arranged by d who purchases an annuity through a financial company which then pays a set amount at intervals to claimant. Also allows parties to agree if payments made for life or set period + the amount can be reassessed, courts have no power such structured settlements

Mitigation of loss

Claimant entitled to be compensated for their loss but they are under a duty to keep the loss to a reasonable level

Contempt of court

The failure to follow an order of the civil court. Court can order punishment if the failure is serious or continues for period of time

Injunctions

If person whom the injunction is placed on fails to follow the terms they will be held in contempt of court and can be punished with fine or max 2 yrs prison

Injunctions can be ordered during case. E.g to disclose docs

Perpetual injunction-ordered as final order

Mandatory injunction- order a party to carry out a specific action