Damages - Chapter 7 Flashcards
What are nominal damages
Awarded where the claimant has suffered minimal or no loss
What are contemptuous damages
Claimants rights have been infringed but the courts time has been wasted
What are compensatory damages
Purpose to put injured person back in the position they were in before by way of special damages and general damages.
Difference between pecuniary and non pecuniary damages
Pecuniary monetary
Non pecuniary non monetary
Difference between special damages and general damages
Special damages are quantifiable. General damages are those not capable of precise calculations.
How will damages be awarded in PI cases (PSLA)
Current or future:
Pain and suffering
Loss of amenity (loss of enjoyment)
Also future loss of earnings, loss of years and cost of future care
What texts are used to allow practitioners to arrive at general damages for Pi
Judicial college guidelines (categorised injury by type and severity)
Kemp &Kemp (detailed accounts of recent awards in damages)
What is the multiplayer method
Used for future loss of earnings in PI cases
Wage x how long would’ve worked for - adjustments for career prospects & length reduced to reflect accelerated receipt and contingencies of life
How can a claimant recover damages if they are deceased
Relatives/ representatives can claim under law reform act 1934 for special damages and general damages under an inherited claim prior to the claimants death.
Damages cannot be claimed for future LoE or loss of years
Can a dependant of the deceased make a claim for bereavement damages.
Yes, In their own right under Fatal accidents act 1976
What is the dependency award under Fatal accidents act 1976
Reflects future loss of earnings for bereavement damages
Measured by how much income would have been spent on dependants themselves and awarded equally.
