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Valuing general damages—checklist

Valuing general damages—checklist This Checklist outlines the issues a practitioner should consider when valuing general damages. It looks at different heads of damage including pain, suffering and loss of amenity (PSLA), Smith v Manchester awards, loss of congenial employment, loss of use, holiday disruption, damage to relationships, loss of marriage prospects, aggravated damages, unnecessary treatment, fatal accidents and interest. Head of Damage Valuing the claim Further Reading PSLA Pain and suffering is the subjective experience of the victim.Loss of amenity is the reduction in the ability to perform everyday tasks.Damages are awarded for physical and/or psychiatric injury and encompass suffering from the past, present and future.There is no formula.When assessing PSLA, certain factors will be relevant including:—severity and extent of the injury—whether there are multiple injuries—physical pain caused by the injury including by any medical treatment, eg an operation—age of the claimant—duration of symptoms—degree of incapacity—mental distress—loss of the enjoyment of life—disfigurement or scars—ability to resume hobbies including sport, DIY and gardening—pre-existing illness or disability, or exacerbation of...

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Drafting the particulars of claim

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance.This Practice Note provides guidance on drafting the particulars of claim for a claim brought under CPR 7. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and filing of statements of case.For information on bringing a claim under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims).Particulars of claim—part of claim form or separate document?If practicable, the particulars of claim should be set out in the claim form (CPR PD 16, para 3.1). They can also be contained in a separate document (CPR 7.4(1)). For information on the correct claim form...

An introductory guide to damages in judicial review

An introductory guide to damages in judicial review There is no general right to damages caused by unlawful administrative acts. However the court does have a discretion in certain circumstances to award damages in successful claims, which it will only exercise where it is just and appropriate to do so. This Practice Note explains how a public authority can deal with an application for damages in judicial review proceedings and when such an application may arise. It includes a checklist summarising the key considerations for defending a damages claim in judicial review proceedings. Jurisdiction to make a monetary award in an application for judicial review Senior Courts Act 1981 The judicial review procedure does not create any new right or remedy in damages. The court’s discretion to award damages is confined to cases where the claimant has also established a private law cause of action in the course of judicial review. See: R (Quark Fishing Ltd) v Secretary of State for Foreign and Commonwealth Affairs...

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Claimant’s schedule of loss—prohibited conduct under the Equality Act 2010

Claimant’s schedule of loss—prohibited conduct under the Equality Act 2010 In the employment tribunals Case no: [Insert case number] Between: [Insert name of claimant] Claimant and [Insert name of respondent] Respondent Claimant's schedule of loss 1. Details Net weekly basic pay: £[Insert amount] Respondent’s annual pension contributions/annual pension benefit: [[Insert amount, eg £x] OR [Insert details of pension scheme, eg 1/80 final salary scheme with related lump sum]] Annual value of bonus/other employment benefits: £[Insert amount] Contractual notice period: [Insert period, eg x weeks or x months] Claimant's date of birth: [Insert date] [Date of termination of employment:] [[Insert date]] [Age at date of termination:] [[Insert age]] 2. compensation 2.1 FINANCIAL losses [FOR DISMISSAL CLAIMS:] 2.1.1 loss to date of tribunal hearing Loss of basic salary to date of tribunal ([insert number of weeks from effective date of termination] X £[insert net weekly basic pay]): £[insert amount] Loss of [enter details, eg bonus/commission] to date of tribunal: £[insert amount] Loss of pension benefit to...

Particulars of claim (defamation)

Particulars of claim (defamation) Claim No.: HQ [insert number] IN THE HIGH COURT OF JUSTICE KING’S BENCH DIVISION ROYAL COURTS OF JUSTICE MEDIA AND COMMUNICATIONS LIST Parties: (1) [Insert full name of first claimant] (2) [[Insert full name of second claimant]]        [Claimant OR Claimants] and [Insert full name of defendant]        Defendant ___________________________ Particulars of Claim ___________________________ The [Claimant OR Claimants] 1 The [First] Claimant is and at all material times has been the [position or nature of work of the First Claimant].[ The First Claimant is [office or position] of the Second Claimant [if second claimant is a corporation]]. 2 [The Second Claimant was incorporated on [date] and carries on business as [set out nature of second claimant’s business or services].] The Defendant 3 The Defendant is a [set out the nature of the defendant’s work or status, including, where appropriate, any relationship to the claimant(s)]. 4 On [insert date] the Defendant published or caused to be published at www.[URL] an article entitled ‘[title of article or heading...

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What guidance is there on the calculation of damages for loss of reputation?

What guidance is there on the calculation of damages for loss of reputation? The following Practice Notes set out guidance on the assessment of damages in a defamation claim, including damages relating to loss of reputation: • Defamation—practical aspects (see section on Defamation—practical aspects—Remedies) • Defamation (see section on Defamation—Damages) For further reading on assessing damages for injury to reputation in defamation cases, see the Commentary: Damage to reputation: Duncan and Neill on Defamation [25.07]. The following Practice Note sets out guidance on the assessment of damages

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)?

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)? If a worker has not been paid the national minimum wage: • the worker can enforce their entitlement by way of their contract by making a claim for breach of contract or a claim for unlawful deduction from wages • HM Revenue and Customs (HMRC) can enforce the worker's entitlement by issuing a notice of underpayment or suing on the worker's behalf For further information, see Practice Note: National minimum wage, in particular the main sections dealing with Consequences of failure to pay and Enforcement...

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PI & Clinical Negligence weekly highlights—9 March 2023

This week’s edition of PI & Clinical Negligence weekly highlights includes an analysis of a High Court decision where an ex-marine was awarded more than £700,000 for noise-induced hearing loss. We also consider a case involving a serious injury from a reckless rugby tackle. In addition, we have our usual round-up of other key cases and news and New Law Journal articles of interest.

PI & Clinical Negligence weekly highlights—2 March 2023

This week's edition of PI & Clinical Negligence weekly highlights includes three significant cases against individuals concerning publication of indecent images leading to psychiatric harm, an aggressive rugby tackle that caused a catastrophic sports injury and a life coach who breached his position of trust with verbal sexual abuse. We also include details of the latest MoJ interest rate increase to CFO accounts. In addition, we have our usual round-up of other key cases and news and New Law Journal articles of interest.