Remedies

Compensatory Damages

• Places the C in the same position as if the tort had not occurred

• Works best for property damage but complicated for personal loss

Pecuniary loss

Easily calculated in money like car hire or damaged property.

Non-pecuniary loss

Not entirely empirical - difficult to measure like loss of amenity or pain.

Special damages

• Calculated before trial

• Covers pecuniary losses

General damages

• Covers future costs after trial

• Covers pecuniary loss like medical bills or non-pecuniary loss like chronic pain

• Must be supported by medical evidence

Lump Sum

• One large award for pain and loss of amenity

• C can’t return to court later

• May be unfair though if condition worsens, improves or inflation occurs

Structured Settlement (Damages Act 1996)

• Periodical payments rather than a lump sum

• Paid monthly or yearly through an insurer

• Payments can be indefinitely or reassessed

• Must be agreed by both parties though, not court

Mitigation of Loss

• C must act reasonably to reduce losses

• Compensation shouldn’t be excessive - so hiring a supercar when an average car is being repaired isn’t okay

• C must work part-time if they can

Marcroft v Scruttons (1954)

• C refused hospital treatment after injury - condition worsened

• BUT court reduced compensation for failure to mitigate loss

Injunctions

• Alt remedy to damages

• A court order to stop some sort of inconvenience

• If breached it could be a fine or up to 2 years imprisonment