Personal Injuries Damages in UK Law

Leading Cases
  • 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.

  • Hunt v Severs
    • House of Lords
    • 28 Abr 1994

    He should recover from the tortfeasor no more and no less than he has lost. The two well-established categories of receipt which are to be ignored in assessing damages are the fruits of insurance which the plaintiff himself has provided against the contingency causing his injuries (which may or may not lead to a claim by the insurer as subrogated to the rights of the plaintiff) and the fruits of the benevolence of third parties motivated by sympathy for the plaintiff's misfortune.

  • Parry v Cleaver
    • House of Lords
    • 05 Feb 1969

    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.

  • John v MGN Ltd
    • Court of Appeal (Civil Division)
    • 12 Dic 1995

    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.

  • Fletcher v Autocar and Transporters Ltd
    • Court of Appeal (Civil Division)
    • 17 Ene 1968

    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.

  • Wright v British Railways Board
    • House of Lords
    • 23 Jun 1983

    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

    As regards assessment of damages for non-economic loss in personal injury cases, the Court of Appeal creates the guide-lines as to the appropriate conventional figure by increasing or reducing awards of damages made by judges in individual cases for various common kinds of injuries.

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Legislation
  • Law Reform (Personal Injuries) Act 1948
    • UK Non-devolved
    • 1 de Enero de 1948
    ......(11 & 12 Geo. 6.) CHAPTER 41. An Act to abolish the defence of common employment, to amend the law relating to the measure of damages for personal injury or death, and for purposes connected therewith. [30th June 1948]. B. e. it enacted by the King's most Excellent Majesty, ......
  • Damages (Scotland) Act 1976
    • UK Non-devolved
    • 1 de Enero de 1976
    ...... to the damages recoverable in respect of deaths caused by personal injuries; to define the rights to damages in respect of personal injuries ......
  • Maritime Conventions Act 1911
    • UK Non-devolved
    • 1 de Enero de 1911
    ...... that fault, recoverable at law by way of damages. S-2. Damages for personal injuries.2 Damages for ......
  • Consumer Protection Act 1987
    • UK Non-devolved
    • 1 de Enero de 1987
    ...... and the Damages (Scotland) Act 1976. ;. . ‘producer’, in ...or personal injury. (2) In determining for the purposes ... (damages for personal injuries, etc.—. Scotland), by an act or omission giving ......
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Books & Journal Articles
  • Damages for Serious Personal Injuries
    • Núm. 42-6, Noviembre 1979
    • The Modern Law Review
  • LEGISLATION
    • Núm. 46-4, Julio 1983
    • The Modern Law Review
    ...... 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. ......
  • Statutes
    • Núm. 17-6, Noviembre 1954
    • The Modern Law Review
    ...... “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 ......
  • LAW REFORM (PERSONAL INJURIES) ACT, 1948
    • Núm. 12-3, Julio 1949
    • The Modern Law Review
    ...... 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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Law Firm Commentaries
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