1. Damages Special, General

2. Some principles C o m p e n s a t o r y q u a n t u m M i t i g a t i o n o f l o s s C o n t r i b u t o r y n e g l i g e n c e P e c u n i a r y a n d N o n - p e c u n i a r y l o s s e s S p e c i a l d a m a g e s ( k n o w n f i n a n c i a l c o s t s u p t o t r i a l ) G e n e r a l d a m a g e s ( N o f i x e d s u m )

3. Special damages “Special” because they are particular to the claimant Calculated up to date of trial E.g. Prescription fees, hospital fees, ambulance fee, car, clothes, lost salary (MINUS ANY BENEFITS RECEIVED)

4. General damages 1 “Pain, suffering and loss of amenity” (injury, pain, reduced quality of life) http://www.litigaidlaw.com/frequently-asked-questions/pi-jsb-guidelines-of-damages.phpPain, suffering and loss of amenity http://www.litigaidlaw.com/frequently-asked-questions/pi-jsb-guidelines-of-damages.php The figures are a starting point. Influenced by loss of life expectancy, inability to have children/marriage prospects, emotional damage, cosmetic injury, level of discomfort, etc.

5. General Damages 2 Future medical care and personal assistance Giambrone v JMC Holidays (2002): 652 holidaymakers got food poisoning in Mallorca: Parents of kids claimed damages for extra care

6. General damages 3 Loss of future earnings Can be tricky. What are your future earnings? Multiplicand (annual amount) x multiplier (number of years less use of capital) Structured settlements/annuity (e.g. Monthly payments: Damages Act 1996).

7. Burden/standard of proof Burden? On the claimant Standard? “on the balance of probabilities” Exception 1: After a criminal conviction, burden is on...? Exception 2: Res ipsa loquitur: – The thing that caused the harm was wholly under the control of the defendant – The accident could only have happened due to negligence – No other explanation for the harm Scott v London & St. Katherine’s Docks (1865) sacks of sugar Mahon v Osborne (1936) swab left inside patient Pearson v NW Gas Board (1968) gas main explosion killed claimant’s husband and destroyed her house.