Pain and Suffering in UK Law

Leading Cases
  • Cookson v Knowles
    • Court of Appeal (Civil Division)
    • 25 May 1977

    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.

  • Boys v Chaplin
    • House of Lords
    • 25 Jun 1969

    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.

  • British Transport Commission v Gourley
    • House of Lords
    • 08 Dic 1955

    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.

  • Davies v Powell Duffryn Associated Collieries (No. 2)
    • House of Lords
    • 27 Abr 1942

    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.

  • Gregg v Scott
    • Court of Appeal (Civil Division)
    • 29 Oct 2002

    It was the enlargement of the tumour which reduced the chances of successfully treating it.

  • Wells v Wells
    • House of Lords
    • 16 Jul 1998

    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.

  • Rose v Ford
    • House of Lords
    • 25 Jun 1937

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Legislation
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Books & Journal Articles
  • Conceptualising Involuntary Sterilisation as ‘Severe Pain or Suffering’ For the Purposes of Torture Discourse
    • Núm. 28-4, Diciembre 2010
    • Netherlands Quarterly of Human Rights
    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...
  • INCB: The Global Drugs Scene
    • Núm. 8-1, Marzo 2000
    • Journal of Financial Crime
    • 87-89
    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 ......
  • Revealing the hidden costs: Research experiences from a case study evaluation project
    • Núm. 2-2, Diciembre 2002
    • Evaluation Journal of Australasia
    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 the researchers into close contact with the pain and suffering of the participants. This article discusses the methodology ......
  • Recognition, reconnection, and renewal
    • Núm. 24-1, Enero 2018
    • International Review of Victimology
    Money as recompense for crime is variously described as making victims whole, restoring them to their pre-victimisation status, recognising the harm done, and facilitating closure and healing. This...
    ......’ payment (for ‘non-economic loss’ or what is termed ‘pain and suffering’), the latter of which they can spend in any way they ......
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Law Firm Commentaries
  • How To Prove Pain, Suffering Or Emotional Distress In A Personal Injury Claim
    • Mondaq UK
  • Facebook page costs woman future loss claim (UK)
    • LexBlog United Kingdom
    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 ......
  • Facebook page costs woman future loss claim (UK)
    • LexBlog United Kingdom
    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 ......
  • The earth is doomed, and other reasons not to send an employee on leave (UK)
    • LexBlog United Kingdom
    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 ......
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