Remedies

Question 1

What are nominal damages in tort claims?

Answer 1

They apply where a tort is actionable without proof of actual damages or loss, primarily aiming to establish legal rights

Question 2

When would compensatory damages not be appropriate?

Answer 2

When the claimant has not suffered any actual damage, only infringement of rights

Question 3

What is the aim of compensatory damages?

Answer 3

To restore the claimant to the position they were in before the wrongdoing

Question 4

What is the ‘mitigation of loss’ principle in compensatory damages?

Answer 4

The claimant must take reasonable steps to minimise their claimed losses

Question 5

What does the ‘one action rule’ entail?

Answer 5

The claimant can only bring one claim based on one set of facts, typically resulting in a single lump sum award

Question 6

What are ‘special damages’ in personal injury claims?

Answer 6

Financial losses that can be calculated precisely at the time of trial, like loss of earnings before trial

Question 7

What are ‘general damages’ in personal injury claims?

Answer 7

Losses that cannot be precisely calculated, covering pain, suffering, and future loss

Question 8

How are pecuniary losses defined in personal injury claims?

Answer 8

Losses that can be calculated in money terms, such as loss of earnings and medical expenses

Question 9

What are non-pecuniary losses?

Answer 9

Losses that cannot be measured in monetary terms, like personal injury and emotional distress

Question 10

What is ‘pain and suffering’ in non-pecuniary damages?

Answer 10

Compensation for physical and mental anguish, including fear of surgery and shortened life expectancy

Question 11

What is ‘loss of amenity’ in personal injury claims?

Answer 11

Compensation for loss of enjoyment of life, such as inability to participate in activities previously enjoyed

Question 12

How are medical expenses classified in personal injury claims?

Answer 12

Pre-trial expenses are special damages; post-trial expenses are general damages

Question 13

Can a claimant recover costs for private medical treatment?

Answer 13

Yes, if they are reasonable, even if treatment is available via the NHS

Question 14

What factors are considered in calculating loss of earnings pre-trial?

Answer 14

Net earnings with deductions for tax, national insurance, and sometimes perks of the job

Question 15

What is the ‘multiplicand’ in future loss of earnings calculation?

Answer 15

The annual loss at trial, factoring in promotions but not inflation

Question 16

What is the ‘multiplier’ in calculating future loss of earnings?

Answer 16

It calculates how long the claimant will lose earnings, usually based on life expectancy or retirement age

Question 17

What happens in cases of ‘lost years’ for loss of earnings?

Answer 17

Earnings for the claimant’s expected posthumous period are reduced by what would’ve been spent on themselves, awarding only the balance

Question 18

What are the deduction rates for loss of years?

Answer 18

33% for those with no dependent children and 25% for those married with dependent children

Question 19

How is loss of earnings for children calculated if they are injured?

Answer 19

Courts may use parental earnings or national averages, considering potential future employment

Question 20

Can costs for care by family members be recovered?

Answer 20

Yes, according to Schneider v Eisovitch, but costs cannot exceed the commercial rate

Question 21

Are insurance payments deductible from damages?

Answer 21

No, they are not deducted

Question 22

Who can make a dependency claim under the Fatal Accidents Act 1976?

Answer 22

Spouses, civil partners, cohabitants of two years, parents, children, and siblings

Question 23

Who is eligible for bereavement damages under the Fatal Accidents Act?

Answer 23

The spouse, civil partner, or the mother of an illegitimate child. Not applicable to married children’s parents

Question 24

What is the fixed amount for bereavement damages?

Answer 24

£15,120