Remedies

This chapter includes:

The most common remedies available in tort of negligence are Damages and Injunctions.

Damages

The primary function of the tort of negligence is to provide compensation for those who have suffered a loss or injury from someone else.

Compensatory damages are designed, as far as money can do so, to place a person (who has suffered harm or injury) in the same position he would have been in if he had not sustained the injury. Damages are designed to put them in a position they were in before any harm was done to them.

  • Damages may be both general damages and special damages, covering financial and non-financial (emotional, social, amenity etc) losses.
  • In Tort of negligence, damages are generally awarded on a lump sum basis.
  • Special damages include readily quantifiable costs at the time of trial such as loss of earnings, money spent on the care, medical treatment, special equipment.
  • General damages are those which are not readily quantifiable at the time of a trial and also, they are designed to compensate a claimant for the losses he has suffered more generally such as future medical cost, future loss of net earnings, future cost of special equipment, future cost of transportation, household costs etc.

Death and Damages

When a claimant dies any claim that they might have had against a defendant survives them, which means that their estate will be able to bring the claim and if any damages become payable, they will be paid to the estate (can be passed on in inheritance terms).

Death is also dealt under Fatal Accidents Act 1976, which has established a mechanism by which dependants of the deceased can make a claim for their losses (loss of the main income into a household) and for bereavement.

Note

  • Children under the age of 18, civil partner and spouses are treated as dependents.
  • Non-married partners are also included as dependents provided they have lived with the deceased as husband and wife for 2 years prior to the death.
  • Defendants can claim all financial losses incurred by them due to the death such as the proportion of deceased income that would have been spent on them and including non-essentials such as annual holidays.
  • The time period to bring a claim under negligence depends on the type of harm but at most, limitation act 1980 has restricted it to 6 years from the time the injury is suffered. In the case of Roadside Accidents, the time limit is 3 years.

Non-Compensatory damages

Exemplary damages:

A higher sum must be paid, in part as a punishment or to set an example to other potential defendants to restrain them from causing similar injury or harm to another person.

Aggravated damages:

A higher sum is awarded to a claimant in recognition of the fact that they have suffered to a higher degree than would be expected.

Contemptuous damages:

A lesser sum is awarded to a claimant and shows court’s displeasure (for various reasons) that such a claim has been brought.

Nominal Damages:

These are awarded to a claimant where there has been a legal wrong committed but no actual harm has been suffered by the claimant.

Injunctions and Abatement

Injunctions and Abatement seek to prevent or stop a nuisance. Injection is a primary remedy in few cases such as nuisance. The basic purpose of an injunction is to ensure that the defendant must refrain from such activities in future and stop immediately from activities which have caused harm or injury to a claimant.

Anonymised and Super Injunctions

They are interim injunctions which will restrict publishing and reporting of various facts of the fact and also the terms of a court order.

Anonymised Injunction

Under this interim injunction, the media is prohibited from reporting information related to the applicant or information about all the parties including their names as well.

Super Injunction

Super-injunctions are one step further ahead of Anonymised Injunction. Under the super-injunction, the media (print, social, and digital) is prohibited from publishing any information at all including the allegations, names or the court order itself. Consequently, till the case is decided nobody in public would likely to know anything about the case, allegations and about parties involved in the case.

Disclaimer

While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.

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