OLA Remedies AO1

What is the aim for remedies?

To put C back in the position they were in before the injury/damage

What law sets out compensation?

The Damages Act 1996

Pecuniary Damages?

Placing a monetary value on them (eg loss of earnings, expenses of medical treatment)

Non-pecuniary Damages?

Non- monetary terms (eg pain, suffering, loss of enjoyment)

Special Damages?

Damages awarded up to the date of the trial (eg loss of earnings, medical treatment)

General Damages?

Set after the trial (eg loss of future earnings, pain, loss of enjoyment)

How can damages be paid?

Lump sum OR at regular intervals

What is a lump sum?

• All at once

• Set amount

• Cannot request more (even if state deteriorates)

Benefits of having regular intervals?

• structured settlement

• Amount can be varied/extended

What does C have responsibility over?

Keeping the loss at a reasonable level (Mitigation of Loss)

What did Froom set out?

Damages can be reduced if C contributes to their injuries

(Froom- didn’t wear a seatbelt)