½Û×ÓÊÓƵ

General damages

General 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—What are general damages and special Damages?

Within the general damages head of loss, there are additional awards that can fall within this category including:

1. •

   Handicap on the open labour market (Smith v Manchester Award)

2. •

   loss of congenial employment

3. •

   loss of use

4. •

   loss of enjoyment of a holiday

5. •

   marriage breakdown or loss of marriage opportunities

6. •

   aggravated damages

7. •

   unnecessary