Special damages Definition

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GLOSSARY

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What does Special damages mean?

Damages assessed to compensate a claimant for, and by reference to, a claimant's past or future financial loss.

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Ireland—Mediation—personal injury and medical negligence—checklist

Ireland—Mediation—personal injury and medical negligence—checklist The Mediation Act 2017 (Ireland) All mediations are subject to the Mediation Act 2017 (Ireland) (MA 2017 (IRL)) which commenced on 1 January 2018. MA 2017 (IRL), s 2 defines mediation as a ‘confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the dispute’. The scope of MA 2017 (IRL) is provided for in MA 2017 (IRL), s 3 which provides that it does not apply to: • arbitrations covered by the Arbitration Act 2010 (Ireland) • disputes under the remit of the Workplace Relations Commission • disputes regarding payment of taxes and customs • judicial review proceedings • proceedings against the State involving breach of fundamental rights and freedoms • proceedings under the domestic violence or child care legislation Obligations on solicitors MA 2017 (IRL), s 14 places wide ranging obligations on practicing solicitors in respect of advising clients on mediation before court proceedings are issued. A...

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...

Discover our 4 Checklists on Special damages

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...

Noise-induced hearing loss—assessment of damages

Noise-induced hearing loss—assessment of damages Noise-induced hearing loss is referred to as NIHL in this Practice Note. General damages—PSLA The factors relevant to the likely level of general damages (and questions that will need to be asked of the claimant in order to assess general damages) include the following: • the extent of the hearing loss, partial or total: ◦ this information is likely to be drawn from medical records, medical reports and/or audiograms ◦ however, the value of a detailed witness statement from the claimant should not be underestimated ◦ attempt to give practical examples of the difficulties faced by the claimant in everyday life ◦ this is one of many areas where there is considerable value in asking the claimant to keep a diary for a period in order to contemporaneously record the difficulties faced • whether hearing loss is in one or both ears • the practical effects of hearing loss: ◦ for example, is conversation affected all the time or just in a noisy...

Discover our 38 Practice Notes on Special damages

Letter of claim for negligently performed surgery

Letter of claim for negligently performed surgery Dear [insert organisation name] Letter of Claim [insert claimant’s name] v [insert defendant’s name] We have been instructed to act on behalf of [insert claimant’s 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

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] Claimant and [YY] 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’s 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 (“[ZZ]”) 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’s injury loss and damage were caused or contributed to by the negligence of the...

Dive into our 46 Precedents related to Special damages

When can consequential loss for breach of contract be claimed?

When can consequential loss for breach of contract be claimed? In answering this Q&A, we have assumed that the claim relates to a business-to-business contract. When considering a claim for damages, the court will consider the principles of causation and remoteness. Once causation has been established, the innocent party should consider whether the damage suffered is attributable to the breach in question. Damage which is too remote is not recoverable even if there is a causal link between the breach of contract and the loss. The party claiming damages is also under a duty to mitigate its loss. For more information on causation, remoteness and mitigation of loss, see Practice Notes: Causation and remoteness in contractual breach claims and Mitigation in contractual breach claims. Hadley v Baxendale established the 'two limb test' for assessing whether damage caused is or is not too remote. Damages may only be recovered for: • losses arising naturally, according to the ordinary course of things, from the breach of contract. The...

Are there any pitfalls to be wary of in respect of a claimant’s private healthcare funding treatment and wishing to put forward their own costs. Does a claimant have to accept a defendant’s offer to provide rehabilitation or are there other risks?

Are there any pitfalls to be wary of in respect of a claimant’s private healthcare funding treatment and wishing to put forward their own costs. Does a claimant have to accept a defendant’s 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...

See the 18 Q&As about Special damages

PI & Clinical Negligence weekly highlights—8 May 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal decision which confirms the primacy of the ‘but-for’ test of causation. We also consider upcoming changes to whiplash tariff amounts, a Court of Appeal judgment which provides guidance on causation in low-dose asbestos claims and we take a look at recent developments in military deafness claims including a test case which is due to be heard later this year. In addition, we have our usual round-up of other news, cases and New Law Journal articles of interest and we have included a free webinar.

PI & Clinical Negligence weekly highlights—3 April 2025

This week's edition of PI & Clinical Negligence weekly highlights brings you an interesting case analysis addressing clinical negligence liability issues in private hospital settings. We include a road traffic accident case on credit hire claims and another discussing highway authority duties. We also look at a contributory negligence case in a construction site accident. In addition, we have our usual roundup of other news, cases and New Law Journal articles of interest.

Read the latest 19 News articles on Special damages

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