Pain and Suffering in UK Law
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Cookson v Knowles
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The Courts invariably assess the lump sum on the "scale" for figures current at the date of the trial - which is much higher than the figure current at the date of the injury or, at the date of the writ. The plaintiff thus stands to gain by the delay in bringing the case to trial. He ought not to gain still more by having interest from the date of service of the writ.
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Boys v Chaplin
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The broad principle should surely be that a person should not be permitted to claim in England in respect of a matter for which civil liability does not exist, or is excluded, under the law of the place where the wrong was committed.
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British Transport Commission v Gourley
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In an action for personal injuries the damages are always divided into two main parts. First, there is what is referred to as special damage which has to be specially pleaded and proved. This consists of out-of-pocket expenses and loss of earnings incurred down to the date of trial, and is generally capable of substantially exact calculation. Secondly, there is general damage which the law implies and is not specially pleaded.
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Davies v Powell Duffryn Associated Collieries (No. 2)
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In effect the Court, before it interferes with an award of damages, should be satisfied that the Judge has acted upon a wrong principle of law, or has misapprehended the facts, or has for these or other reasons made a wholly erroneous estimate of the damage suffered. It is not enough that there is a balance of opinion or preference. The scale must go down heavily against the figure attacked if the Appellate Court is to interfere, whether on the ground of excess or insufficiency.
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Rose v Ford
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Wells v Wells
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The amount of the award to be made for pain, suffering and loss of amenity cannot be precisely calculated. All that can be done is to award such sum, within the broad criterion of what is reasonable and in line with similar awards in comparable cases, as represents the court's best estimate of the plaintiff's general damages. The court cannot say precisely what will happen.
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Re J (A Minor) (Wardship: Medical Treatment)
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There is without doubt a very strong presumption in favour of a course of action which will prolong life, but, even excepting the "cabbage" case to which special considerations may well apply, it is not irrebuttable. , account has to be taken of the pain and suffering and quality of life which the child will experience if life is prolonged. Account has also to be taken of the pain and suffering involved in the proposed treatment itself.
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Animal Welfare Act 2006
......, that animals of the kind concerned are capable of experiencing pain or suffering. . (5) In this section, “vertebrate” means any animal of ......
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The Whiplash Injury Regulations 2021
......(a)(a) the total amount of damages for pain, suffering and loss of amenity payable in relation to one or more whiplash ......
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Welfare of Animals (Slaughter or Killing) Regulations 1995
...... (a) (a) cause any avoidable excitement, pain or suffering to any animal; or . (b) (b) permit any animal to sustain any ......
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Administration of Justice Act 1982
...... by the injuries, the court, in assessing damages in respect of pain and suffering caused by the injuries, shall take account of any suffering ......
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Conceptualising Involuntary Sterilisation as ‘Severe Pain or Suffering’ For the Purposes of Torture Discourse
The definition of torture contained in Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requires an ‘act by which severe pain...
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Slow Looking: The Ethics and Politics of Aesthetics: Jill Bennett, Empathic Vision: Affect, Trauma, and Contemporary Art (Stanford, CA: Stanford University Press, 2005) Mark Reinhardt, Holly Edwards, and Erina Duganne, Beautiful Suffering: Photography and the Traffic in Pain (Chicago, IL: University of Chicago Press, 2007) Gillo Pontecorvo, director, The Battle of Algiers (Criterion: Special Three-Disc Edition, 2004)
This review essay treats three texts: Jill Bennett, Empathic Vision: Affect, Trauma, and Contemporary Art; Mark Reinhardt, Holly Edwards, and Erina Duganne, Beau...
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INCB: The Global Drugs Scene
The International Narcotics Control Board (INCB) — a mechanism established under the international drug control treaties and consisting of 13 members elected by the Economic and Social Council — is.........Each year's report comments on a special theme; freedom from pain and suffering is the focus of the report released on 23rd February, 2000.1 ......
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Revealing the hidden costs: Research experiences from a case study evaluation project
Aftermath: the social and economic consequences of workplace injury and illness was a case study evaluation of the experiences of 15 individuals injured or made ill at work, their families, friends......... team, as it brought theresearchers into close contact with the pain and sufferingof the participants. This article discusses the methodologyof ... of exposure to theparticipants’ high levels of pain and suffering, butwas at the same time a rewarding experiencebecause of the openness, ......
- How To Prove Pain, Suffering Or Emotional Distress In A Personal Injury Claim
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Facebook page costs woman future loss claim (UK)
A 37 year old woman from Nottingham has lost a claim for future pain and suffering following failure by a hospital to notify her of a positive result of a sexually transmitted infection with the re......A 37 year old woman from Nottingham has lost a claim for future pain and suffering following failure by a hospital to notify her of a positive ......
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Facebook page costs woman future loss claim (UK)
A 37 year old woman from Nottingham has lost a claim for future pain and suffering following failure by a hospital to notify her of a positive result of a sexually transmitted infection with the re......A 37 year old woman from Nottingham has lost a claim for future pain and suffering following failure by a hospital to notify her of a positive ......
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The earth is doomed, and other reasons not to send an employee on leave (UK)
The New South Wales Civil and Administrative Tribunal in Australia last year awarded an employee AU$20,000 in compensation for pain and suffering where her employer forced her onto “personal leave”......... Australia last year awarded an employee AU$20,000 in compensation for pain and suffering where her employer forced her onto “personal leave” for ......