Remedies

Question 1

When should compensation be awarded?

Answer 1

• Awarded for sucessful claims of physical injury or damage to property

Question 2

What does the award aim to do?

Answer 2

• Puts the claimant in the same position if the tort had not been committed as far as money can do

Question 3

What are the two types of losses?

Answer 3

1. Pecuniary
2. Non-Pecuinary

Question 4

What are pecuniary losses?

Answer 4

• They are a loss that is easily calculated in money terms and what was lost or the medical bills required

Question 5

What are non-pecuniary losses?

Answer 5

• They are not fully money based but can be pain, suffering, loss of amenity, and not being able to play a sport
• General damages which go from the trial to cover an amount for pain, suffering, loss of amenity, future loss of earning and medical expenses

Question 6

What are general damages?

Answer 6

• General damages will need medical evidence or an annual calculation of loss of earnings

Question 7

How will damages be paid?

Answer 7

1. Lump Sum = Awards for pain, loss and suffering are paid in one lump sum with once only awards which can be unfair and do not consider inflation or deteoriation of condition
2. Structured Settlements = The Damages Act 1966 ensures that payments are made monthly or yearly which is set out at regular intervals. This protects the claimant and is fairer to the defendant

Question 8

What is mitigation of losses?

Answer 8

• The claimant is under a duty to keep their losses reasonable and proportionate

Question 9

What are injunctions?

Answer 9

• An order from the court to stop doing something
• If the defendant fails to follow, they will be in contempt of court which can result in a fine or maximum of two year prison sentence
• It can also be a final or perpetual order to ensure the nuisance is not continued
• A mandatory injunction is an order to carry out an activity
• Fewer injunctions are used to take a more flexible approach. Seen in Coventry v Lawrence