Personal Injuries Damages in UK Law
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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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Parry v Cleaver
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It would be revolting to the ordinary man's sense of justice, and therefore contrary to public policy, that the sufferer should have his damages reduced so that he would gain nothing from the benevolence of his friends or relations or of the public at large, and that the only gainer would be the wrongdoer.
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Wright v British Railways Board
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The second characteristic is that non-economic loss constitutes a major item in the damages. Any figure at which the assessor of damages arrives cannot be other than artificial and, if the aim is that justice meted out to all litigants should be even-handed instead of depending on idiosyncrasies of the assessor, whether jury or judge, the figure must be
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Fletcher v Autocar and Transporters Ltd
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It is true that in these days most defendants are insured and heavy awards do not ruin them. and large companies have to cover the claims by their premiums. If awards reach figures which are "daunting" in their immensity, premiums must be increased all the way round.
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Doreen Ann Letang (Respondent) Frank Anthony Cooper (Appellant)
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A cause of action is simply a factual situation the existence of which entitles one person to obtain from the Court a remedy against another person. But it is essential to realise that when, since 1873, the name of a form of action is used to identify a cause of action, it is used as a convenient and succinct description of a particular category of factual situation which entitles one person to obtain from the Court a remedy against another person.
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John v MGN Ltd
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It is in our view offensive to public opinion, and rightly so, that a defamation plaintiff should recover damages for injury to reputation greater, perhaps by a significant factor, than if that same plaintiff had been rendered a helpless cripple or an insensate vegetable. The time has in our view come when judges, and counsel, should be free to draw the attention of juries to these comparisons.
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West (H.) & Son Ltd v Shephard
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But money cannot renew a physical frame that has been battered and shattered. All that judges and courts can do is to award sums which must be regarded as giving reasonable compensation. In the process there must be the endeavour to secure some uniformity in the general method of approach. By common assent awards must be reasonable and must be assessed with moderation. Furthermore, it is eminently desirable that so far as possible comparable injuries should be compensated by comparable awards.
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Administration of Justice Act 1982
......; to amend the law relating to actions for damages for personal injuries, including injuries ......
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Damages (Scotland) Act 2011
...... make further provision as regards rights to damages in respect of personal injuries and death; and for connected purposes.The Bill for this Act of ......
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The Civil Procedure (Amendment) Rules 2013
...... than those which include a claim for personal injuries. . (3) Not less than 14 days before the ... . (b) after the entry for “Exemplary damages”, insert— . . “Damages-based agreement . ......
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Latent Damage Act 1986
...... of actions in relation to actions for damages for negligence not involving personal injuries; ......
- Damages for Serious Personal Injuries
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LEGISLATION
...... tort system of compensating for personal injuries should be abolished, it is ... interim refashioning of the law of damages for personal injuries be well done. ......
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Statutes
...... “in the case of actions for damages for negligence, nuisance or breach of duty ... or include damages in respect of personal injuries to any person,” the ......
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LAW REFORM (PERSONAL INJURIES) ACT, 1948
...... remedies by deter- mining the manner in which National Insurance benefits are to affect the measure of damages for personal injuries. In this Reuiew the passing of common employment can only be noted with relief and a sense of ......
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QOCS Apply To Appeal Proceedings
...... "proceedings" which include a claim for damages for personal injuries. The judge held that ......
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Court Of Appeal Upholds Finding That QOCS Does Not Automatically Apply To Claim With PI Element
...... misuse of data, which also included a personal injury (PI) element. The decision is beneficial ..., the claimant brought various claims for damages under the Data Protection Act 1998 ("DPA") and ... include a claim for damages for personal injuries' to mean 'claims for damages for personal ......
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Parke V Butler: Does The QOCS Regime Apply To Appeal Proceedings?
...... "proceedings" which include a claim for damages for personal injuries. The judge held that ......
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Fundamental Dishonesty - LOCOG v Sinfield
...... finding that the claimant was entitled to damages for personal injuries, on the basis that the ......
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Apply to make decisions on someone's behalf (property and finance)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.......Yes. No. Yes. No. Damages and criminal injuries compensation. 4.5. Has a ...guidance notes for further information. Personal possessions. 4.13. Please provide details of any ......
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Order in the Queen's Bench Division for case and costs management directions in the multi-track (Part 29)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract....... I n all claims which include a claim for personal injuries . . . (a) [There be ... question as to the periodical payment of damages in the schedule and counter-schedule. . . ......