remedies

Question 1

What steps are taken when calculating damages for personal injury

Answer 1

1. commission medical report (specialist)
2. Read and understand the report
3. The courts have guidelines to achieve
   The Judicial College Board Guidelines,’ and give a value, within different bands, for the various types of injuries.

Courts then narrow the range by looking at previous cases published in Kemp & Kemp for example

4. Claim for loss of Amenity - pain and suffering arising from the injuries + loss of enjoyment of life

Question 2

two possible claims in fatal cases, covered by two different statutes.

Answer 2

The Law Reform - Miscellaneous Provisions - Act 1934, which governs claims on behalf of the estate of the deceased.

The Fatal Accidents Act 1976. The main head of damage under this Act is a claim by dependants of the deceased for their loss of dependency.

Question 3

Name a remedy that isn’t damages

Answer 3

injunction - stop someone from doing something