Prevents the defendant from committing a tort or continuing with it
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What is a mandatory injunction?
Compels the defendant to act in a particular way
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What are damages and what is their purpose?
Monetary compensation that attempts to put the claimant in the position they would have been in if the negligence had not occurred
3 of 20
What are special damages?
Financial losses incurred by the claimant up to the date of trial. They can estimated with some accuracy
4 of 20
Name 3 examples of special damages.
1) Loss of earnings 2) Direct losses (e.g. damage to goods such as a car) 3) Medical expenses
5 of 20
What are general damages?
Losses that do not have a readily quantifiable figure; it is up to judge to decide how much to award.
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What two types of general damages are there? What is their definition?
Pecuniary (future financial losses) and Non-Pecuniary (loses that do not have financial value)
7 of 20
Name 3 examples of general pecuniary damages.
1) Future loss of earnings 2) Future medical expenses 3) Future travel expenses
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Name 3 examples of general non-pecuniary damages.
1) Pain and suffering 2) Loss of amenity 3) Cost of injury
9 of 20
Who sets the limits for cost of injury? Give one example
Judicial Studies Board - Loss of dominant arm = £75,000
10 of 20
Who calculates future loss of earnings?
Professionals called actuaries
11 of 20
What is the calculation for future loss of earnings?
claimant's net annual loss (multiplicand) X number of earning years left deductingcontingencies of life (multiplier) = future loss of earning
12 of 20
What factors must the courts consider when calculating future loss of earnings?
The likelihood of promotion, the chances for time off (for maternity / paternity leave for example), how much money would they make in interest from a lump sum
13 of 20
What case (and its ratio) discuss the loss of earnings for a family carer?
Giambrone v JMC Holidays: "but for the children illness caused by negligence the parents claim would not have been necessary, therefore it such care and attendance should be compensated"
14 of 20
How are damages award?
Either a lump sum or periodical payments
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When would a lump sum be appropriate?
Mostly in small claims, or if the claimant is elderly
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When would a periodical payment be appropriate?
When flexibility is required, such as to consider RPI and if claimants condition deteriorates / improves
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What are aggravated damages?
Damages awarded to the claimant for the mental stress experienced in court caused by the defendant (such as swearing in court)
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What are exemplary damages?
Damages awarded as a punishment (such as when the defendant committed a negligence in order to make a profit)
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What is meant by a 'duty to mitigate'?
The claimant is expected to take reasonable steps to prevent further losses (e.g. take NHS care rather than private). Damages are reduced if the claimant fails to mitigate accordingly.
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