Remedies in Negligence

Question 1

If the defendant is alive, under what act can they claim for pain and suffering?

Answer 1

The Administration of Justice Act 1982

Question 2

What does loss of amenity include?

Answer 2

1. Loss of senses
2. Loss of hobbies and enjoyment
3. Loss of movement
4. Loss of marriage prospects

Question 3

Is pain and suffering judged objectively or subjectively? Which case?

Answer 3

Subjectively- no claim may be claimant is unconscious Wise v Kaye

Question 4

Is loss of amenity judged objectively or subjectively? Which case?

Answer 4

Objectively. West v Shephard. It can be claimed if the victim is in a coma

Question 5

If a relative provides free care, to what value can that be claimed?

Answer 5

Up to the value of commercial care. Housecroft v Burnett

Question 6

What is the multiplicand and what is the multiplier in living claimant’s claims?

Answer 6

The multiplicand is the gross annual lost earnings (minus tax, NI and pension contributions).
The multiplier is the number of years of work lost

Question 7

Which tables reduce the amount for the benefit of having the money in a lump sum?

Answer 7

The Ogden tables

Question 8

Can dependants claim for lost life expectancy of the victim?

Answer 8

Yes Picket v BR Engineering. This is ajusted for “self spending”