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Damages In Pi Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Damages In Pi notes – written by City Law School students – is available here.

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DAMAGES IN PI (QUANTUM) MEASURE OF DAMAGES

? = the tortious measure - put in C in position as if accident never occurred TIME OF ASSESSMENT

? date of trial FORMULA (1) special damages
+
(2) general damages (3) deductions (4) contributory negligence
+
(5) interest (see separate document)
=
total damages (1) SPECIAL DAMAGES

? = losses between accident and trial (pre-trial)
? liquidated
? must be: provable AND reasonable (if not court will NOT award OR award reasonable sum)

? time of assessment o take cut off point as today (anything after = general damages) o do NOT invent notional trial date (a) specific one off losses - e.g. cost of car hire, damaged vehicle, cancelled holiday (b) loss of earnings N.B. for serious injuries, could be special AND general damages i. net loss (i.e. after tax and NI) ii. may be complete OR partial (top slice) iii. sick pay etc deducted iv. amount o fluctuating income: average of 6 pay packets, then X by no. weeks / months client NOT working

o regular income: cf someone else doing same job o may claim increase in earnings if long time between accident and trial (=
claim for loss of chance ? if chance of increase 50% x by increase)

o

(D will argue decrease)

(c) loss of social security if unemployed

(d) loss of fringe benefits from C's employment i. e.g. company car (e) cost of medical treatment N.B. if post-trial = general i. NOT obliged to claim on NHS (f) costs associated with medical treatment i. travel to and from hospital ii. prescriptions etc. (g) costs of services / care N.B. if post-trial = general i. recoverable as part of C's own loss ii. can recover for services of: o commercial care provider reasonable commercial rate o friend / family member commercial rate - 25%; ORforeseeable loss of earnings, if give up work

o value of care provided by charity o NOT the D (i.e. if the D provides the care) o NOT friend / family acting in course of his business (h) cost of medical appliances N.B. if post-trial = general i. special equipment ii. cost of buying new home (2.5% x difference in capital value between new + old) iii. cost of renting new home (increase in rent) iv. costs of converting home (can be on top of renting / buying new home, unless increases value)

(i) value of free care C used to provide to family member which he is no longer able to provide

(j) increases in ordinary expenditure (k) costs incurred by members of family i. recoverable as part of C's own loss ii. visiting in hospital, looking after, including loss of earnings etc. (l) court of protection fees i.e. costs of administering trust fund (child / PP) (2) GENERAL DAMAGES

? UNliquidated (a) pain + suffering i. = suffering caused by injury (so patient immediately rendered permanently unconscious recovers nothing)

ii. includes shock, embarrassment, emotional injury connected to physical injury (b) loss of amenity i. = loss of amenity itself (so coma patient can recover) ii. highly subjective e.g. broken leg for footballer

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