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Other heads of general damages

Other heads of general damages 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?—terminology explained. Within the general damages head of loss, there are additional awards that can fall within this category including: • handicap on the open labour market (Smith v Manchester Award) • loss of congenial employment • loss of use • loss of enjoyment of...

Personal Injury new starter guide—pre-action

Personal Injury new starter guide—pre-action This new starter guide is one of two Personal Injury—new starter guides. This guide provides a general introduction to personal injury (PI) practice and signposts further resources. It is aimed at trainee solicitors and those who are new to working in PI as a practice area. It focuses on the key issues that arise pre-action (ie before court proceedings are started) when pursuing or defending a PI claim. There are a number of factors which practitioners should consider from the outset of a personal injury claim, including the limitation period applicable, the liability issues that are likely to be important in the case, the pre-action protocol to be followed and how the case might be funded. This new starter guide includes links to other Lexis+® sources and materials which provide more comprehensive information on the topics covered. This guide provides a general introduction to PI practice, including, the role of the PI solicitor, early considerations and the pre-action phase. Personal Injury new starter guide—procedure provides...

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Schedule of loss—low multi-track

Schedule of loss—low multi-track [IN THE COUNTY COURT AT [INSERT] OR IN THE HIGH COURT OF JUSTICE] [[SPECIFY DIVISION]] [[SPECIFY SPECIALIST COURT]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No: BETWEEN [A B]        Claimant and [X Y]        Defendant ________________________________________________ SCHEDULE OF LOSS ________________________________________________ The Claimant reserves the right to alter, amend or add to this schedule at any time up to and including trial. BACKGROUND DATA Date of Birth 11 July 1981 Date of Accident 21 March 2019 Date of Schedule 21 March 2020 Age at Accident / Schedule 37 / 38 Vocation Launderette Assistant Date Claimant ceased work 29 October 2019 1 GENERAL DAMAGES 1.1 The Claimant relies upon the report of Mr M. Cornetto, Consultant Orthopaedic Surgeon, dated 13 December 2019. 1.2 The effect of the accident has been to bring forward the natural effects of the Claimant’s pre-existing degenerative condition in her lumbar spine by between 2 and 4 years. 1.3 During the period of acceleration, the Claimant’s ability to work is significantly limited, as...

Schedule of loss—multi track

Schedule of loss—multi track [IN THE COUNTY COURT AT [INSERT] OR IN THE HIGH COURT OF JUSTICE] [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No: Between [Insert name]        Claimant and [Insert name]        Defendant ________________________________________________ SCHEDULE OF LOSS CALCULATED TO [INSERT DATE OR INSERT THE DATE OF TRIAL] ________________________________________________ NOTE: On 2 December 2024 the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that subsequent reviews are to take place within five years of the conclusion of the previous review which means that the next review must commence on or before 2 December 2029. The Claimant reserves the right to alter, amend or add to this schedule at any time up to and including trial. A. BACKGROUND DATA Claimant’s date of birth: [insert date of birth eg 25 August 1986] Date of accident: [insert date of accident eg 16 April 2018] Claimant’s age at...

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Whiplash tariff amounts set to increase under 2025 regulations

PI & Clinical Negligence analysis: The Whiplash Injury (Amendment) Regulations 2025 are due to come into force on 31 May 2025. Robert Parkin, barrister at DEKA Chambers, takes a look at the impact for PI lawyers dealing with whiplash claims.