Damages (D)

Question 1

What losses are recoverable?

Answer 1

Protected:
Liberty.
Person.
Personality.
Property.
Pure economic loss.
- Only to an extent.
- E.g. fraud, negligent financial advice.

Question 2

What are the limitations to the recovery of damages?

Answer 2

Justifiable inference with interest?
- Reynolds v Times Newspaper [2001] 2 AC 127.
Beyond DoC?
- Mitchell v Glasgow City Council [2009] UKHL 11.
Too remote and not foreseeable?
- Simmons v British Steel Plc 2004 SC (HL 94).

Question 3

What is the aim of damages?

Answer 3

To place the pursuer in the position they would have been in had the injury not occurred.
- Damages are derivative of the primary issue.
“So far as money can do it, it appears to compensate the injured party in accordance with the legal principle of restitutio in integrum.” (Hutchison v Davison (1945) SC 395 at 408 per Lord Russell).

Question 4

What damages are awarded in personal injury cases?

Answer 4

• Non-patrimonial losses (solatium).
  
  • Past, future, interest on past.
    Patrimonial losses.
  • Past wage loss, future wage loss, interest on past wage loss.
    Past services (Administration of Justice Act 1982, s8).
    Future services (AJA ‘82, s9).

Question 5

What deduction is made to damages?

Answer 5

Social Security (Recovery of Benefits) Act 1997.

Question 6

Can relatives claim damages?

Answer 6

Damages (Scotland) Act 2011.
- Claims on behalf of the deceased, s2.
- Claims on behalf of the family, s4.