Damages & Remedies

Question 1

Pecuniary loss

Answer 1

Losses that have an easily identifiable financial value, e.g. loss of wages, damage to property.

Question 2

Non-pecuniary loss

Answer 2

Losses that don’t have a readily identifiable financial value, e.g. pain and suffering.

Question 3

Special damages

Answer 3

Damages that can be accurately calculated, so losses up to date of hearing, cost of repairing car/property, and cost of medical treatment up to date of hearing.

Question 4

General damages

Answer 4

Damages that cannot be accurately calculated, so financial losses in the future and losses for pain and suffering. For example, compensation for injury itself, tariff system e.g. loss of sight in one eye £27-£30,000; compensation for loss of amenity/quality of life; future loss of earnings, court uses a formula (C’s net annual loss x no. of years left earning); cost of future care home or adapting house or future personal care.

Question 5

Mitigation of loss

Answer 5

C is under an obligation to keep their loss to a reasonable level. So can’t hire a Rolls Royce car whilst your Ford KA is in repair or replace your cheap car with an expensive one. Can’t claim for private health care when treatment is available on NHS.

Question 6

Lump sum

Answer 6

Damages awarded all at once, when C wins. Can be unfair as value of damages decreases over time with inflation or maybe C gets better and doesn’t need compensation anymore.

Question 7

Structured settlement

Answer 7

Where C and D agree the damages can be paid periodically, e.g. monthly or annually. The amount awarded can be reviewed from time to time. Courts have no power to order, only where D and C agree. Regulated by Damages Act 1996.