Remedies in Tort

Question 1

How is pain and suffering assessed? Must the claimant be conscious? Case.

Answer 1

Subjectively - yes. Wise v Kaye.

Question 2

How is loss of amenity? Must the claimant be conscious? Case.

Answer 2

Objectively - no. West v Shepherd.

Question 3

How will a family member caring for an injured claimant be compensated? Case.

Answer 3

Can recover lost earnings, up to ceiling of commercial care rates - Housecroft v Burnett.

Question 4

How will the carer’s compensation be awarded? Case.

Answer 4

It will be given to the claimant, who will hold it on trust - Schneider v Eisovitch.

Question 5

Can a claimant claim lost earnings for the ‘lost years’ if their life expectancy is reduced below retirement age? Case.

Answer 5

Yes - Pickett v British Rail Engineering.

Question 6

What will be deducted from a claimant’s lost earnings damages?

Answer 6

Tax and national insurance.
State benefits.
Any contributory negligence deductions.

Question 7

What will not be deducted from a claimant’s lost earnings damages?

Answer 7

Insurance payouts.

Private pensions payments.

Question 8

What is the value of bereavement damages?

Answer 8

£11,800.