Remdies

Pecuniary loss

  • A loss that can be calculated in money terms, such as:
    - Hiring a car whilst the claimant’s car is being repaired.
    - Damaged clothing or fares getting to and from hospital for treatment

Non-pacuniary loss

  • A loss that is not wholly monetary based and is thus not strictly financially quantifiable. This may include:
    - Pain and suffering as a result of an accident.
    - Loss of amenity (quality of life) or a change in life style, as not being able to play a sport.

Special damages

  • These are damages that can be calculated specifically up to the date of the trial or settlement; they are pecuniary loss.

  • This can include:
    - Vehicle repairs and hire of a courtesy car, replacement of property etc.
    - Loss of earnings - attributed to the recovery time required due to the injury.
    - The cost of any medical treatment such as physiotherapy - if this is not otherwise available (the cost of private health care cannot be recovered if the treatment is available as an NHS treatment)

General damages

  • These are non-pecuniary losses and look foward from the trial or settlement date. These losses can include:
    - An amount of money for pain and suffering.
    - Loss of amenity.
    - Future loss of earnings.
    - Future medical experiences - including adapting a house or a car due to a severe injujy.

Lump sums

  • Is the only option available to the court where the court makes an award for pain and suffering or loss of amenity.

  • Lump sums are once only awards; the claimant cannot come back to the court and say they have exhausted the damages recieved

Structured settlements

  • The Damages Act 1996 enables structured settlements

  • Enables the parties to settle a claim and agree that all or parts of the damages can be paid as periodical payments: an amount per month or year. This is arranged by the defendant (or, in most cases, the defendant’s insurer) who will purchase and annuity through a financial company.

  • Parties can agree that the payments may be made for life or a specific period - for example, ten years - and the amount can be re-assessed at intervals to ensure that its value in real terms is maintained. This type of settlements both protects the claimants - whose conditions may become worse, but also the defendant: if the claimant’s condition improves it can be reduced.

  • This arrangement will have to be agreed by the parties, as the courts have no such power.

Mitigation of loss

  • The claimant is entitles to be fully compensated for their loss but the amount of damages should be reasonable. This is called mitigation of loss. For example:
    - While the claiment’s Ford car is being repaired, the cost of hiring a bentley cannot be claimed as a replacement.
    - The cost of private health treatment cannot be claimed if the treatment is available in the NHS.

  • When calculating general damages for loss of earnings, the claimant will be expected to mitigate loss:
    - If they can work part-time or at a lower wage, they are expected to do so.
    - The amount of this wage will be deducted from the award.

  • An example of this is Marcroft V Scruttons.

Injunctions

  • An injunction is a discretionary order for the defendant to stop doing something or limit the amount of hours an activity is done (see Coventry V Lawrence).

  • Coventry led to a suggestion that if the loss or inconvenience suffers is slight then the damages could be considered as a more suitable alternative.

  • If the person on whom the injunction is placed fails to follow the terms of the injunction, they will be in contempt of court and can be punished with a fine or imprisonment for a maximum of 2 years.