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damages assessed to compensate a claimant for damage or loss other than financial loss.
These include, for example, damages for pain, suffering and loss of amenity; for loss of enjoyment or use of an asset; for disadvantage on the open labour market; for distress and inconvenience; and for damage to reputation.
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Completing the JCT 2024 Minor Works Building Contract Particulars鈥攃hecklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...
Valuing general damages鈥攃hecklist 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:鈥攕everity and extent of the injury鈥攚hether there are multiple injuries鈥攑hysical pain caused by the injury including by any medical treatment, eg an operation鈥攁ge of the claimant鈥攄uration of symptoms鈥攄egree of incapacity鈥攎ental distress鈥攍oss of the enjoyment of life鈥攄isfigurement or scars鈥攁bility to resume hobbies including sport, DIY and gardening鈥攑re-existing illness or disability, or exacerbation of...
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Quantum database general damages uplifts鈥攆lowchart This flowchart explains the figures in the General Damages (PSLA) Today鈥檚 Value field. As well as inflation, this field takes into account the Heil v Rankin ([2000] 3 All ER 138) uplift and/or the Simmons v Castle ([2012] EWCA Civ 1288) uplift, where they are relevant. This ensures that the General Damages (PSLA) Today鈥檚 Value field provides practitioners with an accurately updated general damages figure. Note: The Simmons v Castle uplift has not been added
Liquidated damages process under JCT Design and Build Contract 2024鈥攆lowchart The flowchart below summarises the key steps required in order for an employer to be able to claim or deduct liquidated damages under the JCT Design and Build Contract 2024. Although it focuses on liquidated damages for late completion of the Works, the same steps will apply in relation to late
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General damagesGeneral damages comprise those heads of loss (past and future) that are non-pecuniary and are not capable of precise calculation and, instead, an assessment of an appropriate sum is made.In practice, the term general damages is often used to refer only to the award for pain, suffering and loss of amenity (PSLA) and although this is the most common head of general damages, it is not the only one. Care must therefore be taken to ensure that both parties are aware of exactly what is being referred to, particularly during the course of settlement negotiations.For a more detailed explanation, see Practice Note: Common recoverable losses in personal injury cases鈥擶hat are general damages and special damages?鈥攖erminology explained.Within the general damages head of loss, there are additional awards that can fall within this category including:鈥andicap on the open labour market (Smith v Manchester Award)鈥oss of congenial employment鈥oss of use鈥oss of enjoyment of a holiday鈥arriage breakdown or loss of marriage opportunities鈥ggravated damages鈥nnecessary medical treatment鈥ll future pecuniary loss, eg future loss of earnings,...
Basis for valuing the lossHow should an injury be measured in a sum of money? After all, no formula can calculate the value of the loss of an arm or the sense of smell.Damages for pain, suffering and loss of amenity (PSLA) are awarded for physical and/or psychiatric injury and encompass suffering from the past, present and future. One overall sum is awarded although the damages may be divided into two elements:鈥ain and suffering鈥攖his is the subjective experience of the injured claimant鈥oss of amenity鈥攖his is the reduction in the ability to perform everyday tasksA claimant is compensated for the loss suffered as a result of their injury including being unable to lead a full life. The award for PSLA is derived from the Judicial College Guidelines (JCG) and comparable cases.Where a claimant has suffered multiple injuries, the court may provide a breakdown of the PSLA award to show what sum was awarded for each injury or to clarify whether any discount was applied to reflect any overlap in the pain...
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Letter of claim for negligently performed surgery Dear [insert organisation name] Letter of Claim [insert claimant鈥檚 name] v [insert defendant鈥檚 name] We have been instructed to act on behalf of [insert claimant鈥檚 name] in relation to treatment carried out/care provided at [insert name of defendant hospital] by [insert name(s) of surgeon(s) if known] on or around [insert date(s)]. Please let us know if you do not believe that you are the appropriate defendant or if you are aware of any other potential defendants. This letter is sent pursuant to the Pre-Action Protocol for the Resolution of Clinical Disputes. You should acknowledge receipt of this letter in writing and identify who will be dealing with this matter within 14 days. Failure to acknowledge receipt may result in the Claimant issuing proceedings without further reference to you. Further within four months of receipt of this letter you should provide a Letter of Response setting out whether the claim is admitted or denied and provide copies of any...
Claim against an employer on behalf of an employee who was attacked at work by a patient IN THE COUNTY COURT AT [INSERT][OR] IN THE HIGH COURT CLAIM NO: Between [XX]聽聽聽聽聽聽聽聽Claimant and [YY]聽聽聽聽聽聽聽聽Defendant _____________________________________________________ PARTICULARS OF CLAIM ______________________________________________________ 1 At all material times the Claimant was employed by the Defendant as Healthcare Assistant. 2 On or about [insert date] the Claimant was working at the [insert details] Ward at the Defendant鈥檚 hospital which catered for service users with mental health issues. 3 The Claimant commenced his shift at [insert time] and was allocated to work for a particular service user (鈥淸ZZ]鈥) providing constant observation. 4 During the course of his shift the Claimant asked [ZZ] if he wished to have something to eat or drink whereupon [ZZ] punched the Claimant in the face. As a result of the said attack the Claimant suffered personal injury, loss and damage. 5 The Claimant鈥檚 injury loss and damage were caused or contributed to by the negligence of the...
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Are there any pitfalls to be wary of in respect of a claimant鈥檚 private healthcare funding treatment and wishing to put forward their own costs. Does a claimant have to accept a defendant鈥檚 offer to provide rehabilitation or are there other risks? It is quite common for claimants, particularly those who are employees, to have arranged private cover for healthcare and to seek to use that cover for the provision of certain treatments or therapies following an accident. This may be in respect of the costs of physiotherapy or surgery and, less commonly, for cognitive behavioral therapy or other psychological therapies. Pursuant to section 2(4) of the Law Reform (Personal Injuries) Act 1948, when determining the reasonableness of any medical expenses incurred, the possibility of avoiding those expenses or part of them by taking advantage of treatment available from the National Health Service is to be disregarded. Nonetheless, this does not give the claimant absolute freedom when incurring charges for such expenses. The major potential pitfall for...
Where a party has the court鈥檚 permission to instruct an expert with a particular medical specialism but, it has proven impossible to find any suitable experts within that specialism, what case law or guidance is there on instructing an expert from a different medical specialism? For procedural issues of this nature the first port of call is the Civil Procedure Rules (CPR), followed closely by any relevant Practice Direction/s. CPR 35.4(1) provides that no party may call an expert or put in evidence a report of an expert without the permission of the court. When applying for permission, a party must identify the field in which expert evidence is required and the issues which the expert evidence will address and, where practicable, the name of the proposed expert. Of direct relevance are the provisions of CPR 35.4(3) which provides that: 鈥業f permission is granted it shall be in relation only to the expert named or the field identified under [CPR 35.4(2)]. The Order granting permission may specify...
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Construction analysis: The Technology and Construction Court (TCC) struck out several heads of claim advanced against a developer by former leaseholders of residential apartments, in a claim for defects based on breaches of duty under the Defective Premises Act 1972 and breach of leasehold covenants. The court considered that several of the alleged losses were too remote, or purely hypothetical.
PI & Clinical Negligence analysis: This case considered whether the Pre-Action Protocol for Low Value Personal Injury (Employers鈥 Liability and Public Liability) Claims applied to a claim brought by the claimant against her employer, arising out of an injury she sustained when she was pushed by an elderly patient. The case ultimately settled for 拢16,500. The claimant argued that the case was unsuitable for the Protocol because (1) it was reasonably valued in excess of 拢25,000 and (2) it was a claim which fell under the exception in paragraph 4.3(8), which read 鈥榯his Protocol does not apply to a claim鈥攆or damages in relation to harm, abuse or neglect of or by children or vulnerable adults鈥. The Costs Judge found: (1) It was reasonable for the claimant to value the claim in excess of 拢25,000; (2) The case did not fall within paragraph 4.3(8) because the action did not constitute 鈥榟arm, abuse or neglect鈥. The claim was correctly started outside the Protocol and did not attract fixed costs. Written by Daniel...
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