BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
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
take cut off point as today (anything after = general damages)
do NOT invent notional trial date
specific one off losses - e.g. cost of car hire, damaged vehicle, cancelled holiday
loss of earnings N.B. for serious injuries, could be special AND general damages
net loss (i.e. after tax and NI)
may be complete OR partial (top slice)
sick pay etc deducted
amount
fluctuating income: average of 6 pay packets, then X by no. weeks / months client NOT working
regular income: cf someone else doing same job
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)
(D will argue decrease)
loss of social security if unemployed
loss of fringe benefits from C's employment
e.g. company car
cost of medical treatment N.B. if post-trial = general
NOT obliged to claim on NHS
costs associated with medical treatment
travel to and from hospital
prescriptions etc.
costs of services / care N.B. if post-trial = general
recoverable as part of C's own loss
can recover for services of:
commercial care provider @ reasonable commercial rate
friend / family member @
commercial rate - 25%; OR
foreseeable loss of earnings, if give up work
value of care provided by charity
NOT the D (i.e. if the D provides the care)
NOT friend / family acting in course of his business
cost of medical appliances N.B. if post-trial = general
special equipment
cost of buying new home (2.5% x difference in capital value between new + old)
cost of renting new home (increase in rent)
costs of converting home (can be on top of renting / buying new home, unless increases value)
value of free care C used to provide to family member which he is no longer able to provide
increases in ordinary expenditure
costs incurred by members of family
recoverable as part of C's own loss
visiting in hospital, looking after, including loss of earnings etc.
court of protection fees i.e. costs of administering trust fund (child / PP)
(2) GENERAL DAMAGES
UNliquidated
pain + suffering
= suffering caused by injury (so patient immediately rendered permanently unconscious recovers nothing)
includes shock, embarrassment, emotional injury connected to physical injury
loss of amenity
= loss of amenity itself (so coma patient can recover)
highly subjective e.g. broken leg for footballer
pain + suffering + loss of amenity = PSLA
nature + extent of injuries
medical evidence e.g. expert report
law witness evidence e.g. family - effect on life
appropriate quantum range (JSB Guidelines)
useful sites
www.lawtel.com > specialist areas > PI > JSB guidelines
*** Kemp and Kemp
Butterworths PI online service
refine quantum range (case law)
cases
3 - 6 cases to compare
distinguish cases on:
age
sex
extent of injury
loss of amenity
recovery period
permanent / temporary
decide narrow range
uplift N.B. factored into Lawtel
Heil v Rankin N.B factored into JSB guidelines
pre-March 2000 awards of >10k
uplift = (A - 10,000) /420,000 x A
inflation
use recent case if possible to avoid inflation
RPI indeces: A x [RPI this month] / [RPI for month of award to uplift]
H v R AND inflation
add inflation up to March 2000
add H v R uplift
add inflation to today's date
LASPO 2012
pre-April 2013 quantum judgments - add 10% (unless client signed CFA before April 2013)
dealing with future uncertainty
e.g. 10% chance of unfavourable development 10% x damages for that development; OR
provisional damages (deterioration)
dealing with multiple injuries
donβt just add each injury together
assess main injury then consider if minor injuries have affected PSLA
handicap in labour market - Smith v Manchester award
harder to find job due to injuries
loss of congenial employment
loss of job satisfaction = 5 - 10k
loss of pension rights
expert evidence from actuary / accountant (beyond scope of course)
loss of marriage prospects
breakdown of marriage
future damages
= future loss of earnings + cost of care
formula
multiplicand (net annual loss) X multiplier (no. of years of loss)
multiplicand
multiplier
= period of likely future loss, allowing for contingencies for life + accelerated receipt
Ogden tables = actuarial tables, admissible in court
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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