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The monetary compensation awarded by law to a person for the legal wrong done to him.
In the absence of special circumstances, damages are awarded to compensate a claimant, not to punish a defendant.
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Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...
CFA checklist—non-personal injury agreements A: General requirements Complete section A for all conditional fee agreements (CFAs) except for personal injury or clinical negligence CFAs which are subject to a separate checklist. If you answer ‘no’ to any question, the CFA you are proposing may be unenforceable and/or you may breach the SRA’s regulatory regime. Requirement Compliant Additional information Agreement is in writing Yes/No The agreement must be in writing CFA relates to advocacy or litigation services Yes/No You can only have a CFA for advocacy or litigation services. CFA does not relate to criminal proceedings, apart from proceedings under section 82 of the Environmental Protection Act 1990 Yes (it does not)/No (it does) CFA does not relate to family proceedings Yes (it does not)/No (it does) Family proceedings are proceedings as listed in section 58(A)(2) of the Courts and Legal Services Act 1990 You are satisfied the CFA is suitable for the client's needs and take account of their best interests Yes/No...
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General damagesThis Practice Note reviews other commonly claimed heads of general damages such as loss of the use of a vehicle damaged in an accident, disruption to a specific holiday, loss of marriage prospects, aggravated damages and damages for unnecessary medical treatment.General damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation. For a more detailed definition, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages?—terminology explained.The most common and important item of general damages is the award for pain and suffering and loss of amenity (PSLA). Within the general damages head of loss, there are additional awards that can fall within this category including:•handicap on the open labour market (Smith v Manchester Award)•loss of congenial employment•loss of use•loss of enjoyment of a holiday•marriage breakdown or loss of marriage opportunities•aggrevated damages•unnecessary medical treatment•all future pecuniary loss, eg future loss of earnings. For further detail on future loss, see Practice Notes: Future loss of earnings—personal injury claims, Loss...
Apportioning damagesAlthough all of the dependants’ claims are brought before the court in a single action, this is done for the sake of procedural/administrative convenience. Each dependant has an individual claim and this means that you will need to calculate their losses independently.Given the fact that multipliers can vary depending on the circumstances of both the deceased and the dependant, the appropriate multiplier may vary between different dependants.What approach will the court take?Usually, a fatal accident claim is brought under both the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) and the Fatal Accidents Act 1976 (FAA 1976). CPR 41.3A means that whenever there is a single sum of money awarded by the court or agreed between the parties in settlement of the case, the court must apportion the damages where there is a claim under:•FAA 1976 and LR(MP)A 1934—the court must apportion the money between the different claims•FAA 1976 and it is made by or on behalf of more than one person—the court must apportion the money between the...
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Notice of assignment of contractual rights from an assignor incorporated as a limited company in Ireland with a form of acknowledgement from the contract counterparty This is a Precedent Notice of Assignment which can be used to give notice of an assignment of contractual rights by way of security from an assignor to its contract counterparty. This drafting note explains the context in which this Precedent Notice of Assignment might be used as well as the features of this Precedent Notice of Assignment and the assumptions on which it is based. For information on taking security over contractual rights, see Practice Note: Ireland—Assignments by way of security. Parties to this Precedent Notice of Assignment This Precedent Notice of Assignment is designed for use in bilateral transactions (ie where there is only one lender) as opposed to syndicated transactions (ie where there is more than one lender). It has been drafted as being: • from a single security provider (defined as the ‘Assignor’) • to its contract counterparty and refers to...
Ireland—Deed of assignment and conveyance—unregistered—freehold and leasehold Commencement Section 64(2)(a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)), provides that one of the criteria for establishing if a document is a deed is whether the document is described at its head with the appropriate wording such as ‘Conveyance’, ‘Assignment’, ‘Indenture’, ‘Deed’, etc. Date While it is usual practice to date a deed on the date of completion a deed actually takes effect on the date of its delivery. The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate. Where a date is inserted, it is presumed that this date is the date on which the deed took effect. However, this presumption may be rebutted by evidence to the contrary. See: Browne v Burton (1847) 17 LJQB 49 (not reported by Lexis+® UK). It is good...
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Should internal staffing costs be deemed indirect or direct losses? 'Direct loss' and 'indirect loss' 'Indirect loss' is most frequently considered in the context of assessing quantum of damages and in interpreting exemption clauses. The normal function of damages for breach of contract is compensatory but is limited by the principles of causation and remoteness. Damage which is too remote is not recoverable even if there is a causal link between the breach of contract and the loss. Hadley v Baxendale established the 'two limb test' for assessing whether damage resulting from a breach of contract is or is not too remote. Damages may only be recovered for: • losses arising naturally—the defaulting party is liable for any losses, which may fairly and reasonably can be considered as arising naturally from the breach of contract. The court will take into consideration the type of trade or transaction in question (direct loss), or • potentially foreseeable losses—those which were in the reasonable contemplation of the parties at...
In a business-to-business contract between a customer and a supplier which does not make provision for price variations, which party bears the risk of an increase in costs due to an increase in the national minimum wage? For the purposes of this Q&A we have assumed that the contract is a business-to-business contract where there is a supplier/customer relationship of some description, and the supplier is either: (a) supplying a work force; or (b) supplying services to the customer, which have been impacted by an increase in costs due to an increase in the minimum wage. Contract provisions It will be necessary to check for any (a) price and (b) price variation provisions within the contract. We refer you to the following materials for information on this type of provision. • Practice Note: Price, payment terms and interest summarises the main issues arising in relation to price, payment and interest provisions in business-to-business contracts • Drafting and negotiating a price clause—checklist outlines key provisions and issues...
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PI & Clinical Negligence analysis: The issue arose in an interim payment application in a clinical negligence claim as to how to value the capital cost of a property already purchased when the claimant’s life expectancy was relatively short (just over 12 years). The claimant contended that she should recover the full value of the capital cost, not least when she could otherwise have purchased a cheaper house but spent more on adaptations. The judge rejected this submission and applied a conventional Swift v Carpenter calculation, while noting that this approach may not provide full compensation to the claimant. Written by Robert Weir KC, barrister at Devereux Chambers.
Dispute Resolution analysis: The Civil Justice Council (CJC) has published its final report on the review of litigation funding on 2 June 2025. This report makes a number of key recommendations including the revocation of the PACCAR ruling, revisions to court rules and the creation of the Litigation Funding, Courts and Redress Act.
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