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Damages Working Guide Notes

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A more recent version of these Damages Working Guide notes – written by Oxford students – is available here.

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Damages What are they?
o Aren't just pecuniary
? Compensatory
? Nominal
? Aggravated
? Restitutionary
? Disgorgement
? Deteratative

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Etc. o HRA s.8(1): Public Authority infringes Convention Right
? Must be "just satisfaction" that damages should be awarded.

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Factors to take into account = any relief/remedy granted

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AND consequences of that decision o Damages not available as a right. Compensatory Damages - Personal Injury o Compensation = reparation (making good losses people have suffered) Two types:
? Pecuniary losses = simple

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Wells v Wells o Can claim for
? Loss of Earnings
? Cost of Care

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Minus any collateral benefits unless they are o Additional insurance benefits o Generosity of third parties giving money/care

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So "free accommodation" is a collateral benefit: o O'Brien v Independent Assessor: X brings claim for being in prison for longer than he should have been. Home Office admit liability but try to reduce damages b/c X has got free board and lodging by being in prison.
? Lord Bingham: as free men they would have had to keep themselves alive, so deduction should reflect this freebies they've received by staying in prison.
? Lord Bridge (dis): if as result of injury X gets put in hospital and lodges there, we wouldn't normally reduce the damages then

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Free Care is not o Hunt v Severs
? Person provides free care - taken into account?
? HoL: recover full amount. Hold on trust for those giving free care

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UNLESS person giving free care is actually D himself, in which case damages reduced.
? Non Pecuniary losses = intangible e.g. loss of enjoyment, use, pain and suffering (inc distress owing to loss of life expectancy - Admin of Justice Act 1982 s.1(1)(b))

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Wells v Wells

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