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10 Cards in this Set
- Front
- Back
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Administration of Justice Act 1982 s 1(1)(b) |
Damages for pain and suffering also covers the anguish of knowing that your life expectancy has been shortened |
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Wise v Kaye |
Claimant must be aware of the injuries to be able to claim for pain and suffering |
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s. 2(4) Law Reform (Personal Injuries) Act 1948 |
A claimant cannot be found to have failed to mitigate his loss by paying for private treatment |
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Pickett v British Rail Engineering |
Claimants whose life expectancy had been shortened by the incident could recover loss of earnings for lost years |
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Schneider v Eisovitch |
Claimant can recover costs of services provided to them (eg nursing, help with housework etc) |
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Housecroft v Burnett |
The costs (eg of a carer) cannot exceed the commercial rate for providing the services |
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s. 32A Senior Courts Act 1981 |
Allows for an award of provisional damages |
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s. 2 Damages Act 1996 |
Allows the court to award damages for personal injury as periodic payments rather than as a lump sum |
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Law Reform (Miscellaneous Provisions) Act 1934 |
Allows existing causes of action to continue after death. Except for: 1) Claims in defamation 2) Claims in bereavement damages |
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Fatal Accidents Act 1976 |
Allows dependants to sue for the death of the person on whom they were dependent |
