Remedies

Front 1

Damages in Tort

Back 1

Damages are awarded to put the Claimant in the position he would have been in had the tort not been committed

Front 2

For NON-fatal claims, two heads of NON-PECUNIARY losses are:

Back 2

NON-PECUNIARY losses are not capable of being calculated in money terms

1. Damages for PAIN and SUFFERING
2. Damages for LOSS OF AMENITY

Front 3

PAIN AND SUFFERING (P&S)

Back 3

Covers past, present and future pain, physical and mental anguish, fear of future surgery.

Front 4

Wise v Kaye

Back 4

For P&S, the C must be aware of his injuries to claim. He cannot claim when he was unconscious (e.g. coma)

Front 5

LOSS OF AMENITY (LoA)

Back 5

Covers the loss of enjoyment of life, e.g. inability to pursue hobbies, loss of sight/smell/freedom of movement /marriage prospects etc.

Front 6

West v Shepherd

Back 6

For LoA, the C may claim for periods where he was unconscious /unaware of his own loss of enjoyment of life.

Front 7

Multiplicand (under LR (MP)A 1934

Back 7

Multiplicand is (= net annual earnings)

From the gross annual salary less tax, NI and pension contribution is the net annual loss is known as multiplicand.

Front 8

Multiplier (under LR (MP)A 1934

Back 8

the length of time he would have to work until normal retirement age = Multiplier.

Ogdan tables are used to determine reductions.

Front 9

PECUNIARY losses

Back 9

are those which are capable of mathematical calculation in money terms.

Front 10

PECUNIARY heads of loss

Back 10

1. Medical expenses
2. Loss of earnings pre-trial
3. Loss of earnings post-trial
4. Future losses

Front 11

Smith v Manchester Corporation

Back 11

Damages are awarded where the C is still able to work and continues to work in the original job, but is now disadvantaged in the job market /has a reduced ability to earn highly.

Front 12

Fatal Accidents Act 1976 (FAA 1976)

Back 12

The FAA 1976 allows DEPENDANTS to sue for the death of a person on whom they were dependent

Front 13

For FATAL Claims

Back 13

PAG PATAY NA

Front 14

3 Claims can be brought under FAA 1976

Back 14

1. Loss of Dependency
2. Bereavement £12,980
3. Funeral expenses

Front 15

The Loss of Dependency is calculated by:

Back 15

Multiplicand x Multiplier

Front 16

Multiplicand (under FAA 1976)

Back 16

Salary of the deceased minus the amount he spent on himself which is 25% if married with children; or 33% if married without children.

Front 17

Multiplier (under FAA 1976)

Back 17

= The period of dependency

For the spouse - it would be the balance of the deceased working life (unless there was evidence that either of them would die before that time)

For the grandmother - it would be based on her life expectancy

For the children - it would be until they turn the age of 18, or ceased in full time education.

Front 18

Smith v Manchester

Back 18

A claimant is entitled to recover damages for a handicap on the open labour market when they can show that as a result of their injuries there is a real risk that they will be out of work and will find it hard to obtain similar employment.

Front 19

Picket v British Rail Engineering

Back 19

Claimants whose life expectancy had been shortened by the accident could recover loss of future earnings for lost years.