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Law Second Year > Tort Law - Damages > Flashcards

Tort Law - Damages Flashcards

1
Q

Grobbelaar v News Group Newspapers general

A

Match fixing and bribes

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2
Q

What damages have a punitive aspect?

A

Aggravated

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3
Q

CoA announced across-the-board increases in damages for non-pecuniary loss

A

Simmons v Castle

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4
Q

No speech, limited understanding

A

West & Son v Shephard

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5
Q

What are the two ways to apportion pecuniary loss damages?

A

Lump sum or periodical payment

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6
Q

What is the typical payment of general non-pecuniary damages?

A

Lump sum

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7
Q

Who is covered under s.1A FAA 1976?

A

Parents of a child under 18 and a spouse

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8
Q

Judicial Studies Board

A

publishes guidance on non-pecuniary loss damages

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9
Q

What case said multiplier method is based on current life expectancy?

A

Pickett v British Rail Engineering

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10
Q

Match fixing and bribes

A

Grobbelaar v News Group Newspapers

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11
Q

What was the personal approach advocated by the LC?

A

Both pain and suffering and loss of amenity assessed subjectively

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12
Q

What did L&O comment on Damages Act 1996 and its view on ILGS?

A

Economic circumstances mean investments may in fact lose value relative to earnings now, even in an ILGS

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13
Q

What is the general purpose of tort damages?

A

To compensate C and put them back in their original position

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14
Q

Lim Po-Choo v Camden & Islington general

A

Barely sentient and totally dependent

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15
Q

What section of what Act directs courts to disregard benefits to dependant if C hadn’t died

A

S.4 FAA 1976

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16
Q

Ashley v Chief Constable of Sussex Police

A

supportive of specific ‘vindicatory damages’

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17
Q

R v Criminal Injuries Compensation Board, ex p K judgment

A

Disregard replacement services by 3rd which form a benefit to dependant

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18
Q

Kemp & Kemp

A

Reports injury awards

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19
Q

Why can the case of Thompson v Arnold be criticised?

A

Why should a claim under FAA 1976 be more generous for lost years than when by C, as both aim to provide for dependants after C’s death

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20
Q

What judge in what case gave three categories of case of exemplary damages?

A

Lord Devlin in Rookes v Barnard

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21
Q

In what case did the HoL say that lump sums are assumed to be invested in ILGS?

A

Wells v Wells

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22
Q

What periodical payment order anticipates changes in circumstances to increase or decrease payments?

A

Stepped order

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23
Q

Who thought the deterrent effect of EDs on G was ‘fanciful’?

A

lord Scott in Kuddus v Chief Constable of Leicestershire

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24
Q

Davies v Taylor general

A

Widow, affair, left

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25
Q

Kuddus v Chief Constable of Leicestershire per Lord Wilberforce

A

Questioned limitation to G, considering the power of international companies

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26
Q

Cox v Hockenhull judgment

A

State benefits can found dependency

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27
Q

Widow, affair, left

A

Davies v Taylor

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28
Q

What judge in what case suggested a claim for future lost earnings should be blocked under AJA and allowed under FAA76 for dependants?

A

Gregg v Scott, Lord Phillips

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29
Q

West & Son v Shephard judgment

A

Unconsciousness doesn’t eliminate loss of amenity

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30
Q

What case gave guidance on quantum of aggravated damages?

A

Thompson v Commissioner of Police for the Metropolis

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31
Q

Why did LJ Woolf in Kralj v McGrath reject aggravated damages in negligence?

A

Inappropriate to assess HOW careless D has been

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32
Q

What section of what Act bars periodical payments unless ‘reasonably secure’?

A

S.2(3) DA96

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33
Q

R v Criminal Injuries Compensation Board, ex p K general

A

Aunt and uncle, 3 kids

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34
Q

Davies v Taylor judgment

A

Need to prove a not insubstantial chance she might have returned

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35
Q

Cattle v Stockton Waterworks

A

Strict rules on PEL

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36
Q

Gregg v Scott on AJA 1982

A

Per Lord Phillips, preferable to block claim for future lost earnings and allow a claim under FAA76, believed to be achieved through a purposive interpretation of the LR(MP)A

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37
Q

Wells v Wells judgment

A

Assume C invests money in ILGS, promising proof of investment against inflation

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38
Q

West & Son v Shephard general

A

No speech, limited understanding

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39
Q

What two cases show the difference between the assessment of loss of amenity and the assessment of pain and suffering?

A

West & Son v Shephard; Lim Po-Choo v Camden & Islington

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40
Q

S.4 FAA 1976

A

Directs courts to disregard benefits to dependant if C hadn’t died

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41
Q

What case shows award to a child 2.5 times national average?

A

Cassell v Riverside HA

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42
Q

What damages are awarded automatically in a tort claim?

A

Nominal damages

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43
Q

National earning average

A

Croke v Wiseman

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44
Q

Franklin v South Eastern Railway on valuing FAA 1976

A

Only for pecuniary loss damages

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45
Q

Prospect of divorce considered under FAA 1976

A

Owen v Martin

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46
Q

How do the Law Commission argue a clean break can still be achieved in a periodical payment order?

A

Purchase of an annuity/through insurance

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47
Q

Thompson v Arnold

A

Suggestion of more generous calculation for lost years than when by C

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48
Q

Three helpful sources for assessment of non-pecuniary loss damages

A

Simmons v Castle; Kemp & Kemp; Judicial Studies Board

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49
Q

Leveson Report

A

Suggested EDs available for media torts and libel and slander

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50
Q

Crime and Courts Act 2013

A

ED available whenever D incurs liability for the ‘publication of news-related material’ and shows ‘outrageous disregard’ for C’s rights

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51
Q

What is the interest payable on special damages?

A

Half the special investment rate

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52
Q

When did the LC suggest no award of exemplary damages?

A

If a criminal sanction has already been imposed

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53
Q

If there was a defence available against the deceased, what happens in a claim under FAA 1976?

A

Applies there also

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54
Q

Ogden tables

A

Relevant discount rate for inflation

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55
Q

Name 3 types of non-compensatory damages

A

Nominal, contemptuous and exemplary

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56
Q

Case showing national earning average is the starting point for lump sum to children?

A

Croke v Wiseman

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57
Q

What case shows C’s preference is not determinative for s.2(1) DA96?

A

Morton v Portal

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58
Q

What is the name given to financial losses up to the date of the trial?

A

Special damages

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59
Q

What tort claim does not get nominal damages and why?

A

Nuisance - no action without proof of loss

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60
Q

Lord Reid in Cassell v Broome

A

exemplary damages inappropriate but too embedded

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61
Q

C’s preference is not determinative for s.2(1) DA96

A

Morton v Portal

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62
Q

Why is the parallel ECHR bereavement claim unlikely to be important in England?

A

Statutory remedy for Article 2 ECHR means no widening of FAA to comply

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63
Q

Franklin v South Eastern Railway

A

Calculate damages for FAA 1976 based on ‘reasonable expectation of pecuniary benefit’ if C had lived

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64
Q

S.2(2) DA96

A

Courts can use periodical payments for other kinds of personal injury damage if CONSENT

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65
Q

Kralj v McGrath judgment

A

LJ Woolf rejected AD in negligence

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66
Q

What pecuniary losses are recoverable in full?

A

Pre-trial pecuniary loss

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67
Q

Burns v Edman judgment

A

Husband’s wage was from criminal activity so no claim by widow - ex turpi causa

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68
Q

Awards in Ireland

A

Heil v Rankin

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69
Q

What judge in what case rejected the excessive emphasis placed on consistency in assessing non-pecuniary loss damages?

A

Lord Woolf in Heil v Rankin

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70
Q

What are aggravated damages?

A

To reflect pride and hurt feelings

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71
Q

What tort is excluded from Law Reform (Miscellaneous Provisions) Act 1934?

A

Defamation

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72
Q

Civil Law Reform Bill Consultation Paper

A

Suggested damages to dependant for gratuitous services by 3rd, but then personal obligation to account to 3rd

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73
Q

What were the 3 purposes suggested by the Royal Commission for non-pecuniary loss awards?

A

A palliative, to allow C to purchase alternative sources of satisfaction and to meet hidden expenses not recoverable as pecuniary loss

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74
Q

What section of what Act gives a limited class who can claim for bereavement?

A

S.1A FAA 1976

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75
Q

S.2(1) DA96

A

Allows for periodical payments in regard to future pecuniary loss of personal injury

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76
Q

What Act allows courts to make a ‘variable order’?

A

(Variation of Periodical Payments) Order 2005

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77
Q

What restriction was thought to operate on exemplary damages?

A

Cause of action

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78
Q

Is s.2(1) DA96 dependent on consent of the parties?

A

No

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79
Q

Rowe v Dolman

A

For s.2(1) DA96 consider if there is CN and if annual sum would cover C’s needs

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80
Q

What case confirmed West & Son v Shephard?

A

Lim Po-Choo v Camden & Islington

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81
Q

Rowlands v Chief Constable of Merseyside Police judgment

A

Vicarious liability still allows ED claim

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82
Q

What Board publishes guidance on non-pecuniary loss damages?

A

Judicial Studies Board

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83
Q

What case gives the common law standing for death on damages for dependants?

A

Baker v Bolton

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84
Q

Rowlandson v Merseyside judgment

A

AD for pride and dignity but not for feelings already covered under basic damages

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85
Q

S.2(3) DA96

A

Bars periodical payments unless ‘reasonably secure’

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86
Q

what three things did Lord Devlin say one should bear in mind for exemplary damages in Rookes v Barnard?

A

P can only recover if he is the victim, may need to place arbitrary limits on ED and the means of the parties are material

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87
Q

Who questioned the limitation of EDs to G and in what case?

A

Lord Wilberforce in Kuddus v Chief Constable of Leicestershire

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88
Q

Wells v Wells general

A

Index Linked Government Securities

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89
Q

What Report suggested EDs should be available for media torts and libel and slander?

A

Leveson Report

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90
Q

When is a periodical payment considered ‘reasonably secure’?

A

When made by G/health service

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91
Q

Why are themes of the parties material in exemplary damages?

A

To see if it aggravated or mitigated D’s conduct

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92
Q

Why did Lord Scott in Kuddus v Chief Constable of Leicestershire consider the deterrent effect of ED on G ‘fanciful\?

A

Damages are met by public funds

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93
Q

What section of FAA 1976 gives an exhaustive list of ‘dependants’?

A

S.1

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94
Q

Why was the LC personal approach to non-pecuniary rejected?

A

Lower awards may be awarded for more catastrophic injuries

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95
Q

What is the fixed lump sum for bereavement?

A

£12,980

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96
Q

What is the purpose of investing in an ILGS?

A

Promised proof of investment against inflation

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97
Q

S.3(3) FAA 1976

A

eliminated the need to consider the likelihood of dependant remarrying

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98
Q

Prior to LR(MP)A 1934, what was the effect of V’s death?

A

No claim for damages

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99
Q

Hillsborough, quick and painless

A

Hicks v South Yorkshire Police

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100
Q

What case showed the SC ruling vindicatory damages do not exist in English law?

A

R (Lumba) v SoS for the HD

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101
Q

Grobbelaar v News Group Newspapers judgment

A

£85,000 award reduced to £1, and pay 2/3 of The Sun’s legal costs

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102
Q

What case restricted FAA 1976 claims to pecuniary loss only?

A

Franklin v South Eastern Railway

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103
Q

R (Lumba) v SoS for the HD

A

vindicatory damages do not exist in English law

104
Q

Actuarial tables

A

Relevant discount rate for vicissitudes of life

105
Q

Hicks v South Yorkshire Police general

A

Hillsborough, quick and painless

106
Q

Who criticised the ‘diminution in value’ approach to non-pecuniary loss?

A

Law Commission

107
Q

What case showed no claim for damages past X period because C’s illness meant he wouldn’t have been able to work in the future anyway?

A

Jobling v Associated Diaries

108
Q

Non-pecuniary loss definition

A

Non-financial costs incurred, e.g. loss of amenity/pain and suffering

109
Q

What did Law Commission suggest of exemplary damages?

A

Should be available whenever D deliberately disregards C’s rights, but as a ‘last resort’ decided PURELY by a judge

110
Q

Rookes v Barnard judgment

A

Per Lord Devlin, three categories for EDs

111
Q

Simmons v Castle

A

CoA announced across-the-board increases in damages for non-pecuniary loss

112
Q

What tables are used by practitioners to find the relevant discount rate for inflation?

A

Ogden tables

113
Q

What case allows claims for damages by dependants?

A

Fatal Accidents Act 1976

114
Q

Who suggested a normative view of the purpose of compensatory damages?

A

Varuhas

115
Q

When are contemptuous damages most common?

A

In defamation

116
Q

Who suggested periodical payment reform influences bargaining positions of private litigation?

A

Lewis

117
Q

What case is an example of contemptuous damages?

A

Grobbelaar v News Group Newspapers

118
Q

What case set limits on exemplary damages?

A

Thompson v Commissioner of Police for the Metropolis

119
Q

Neighbours but complainant arrested

A

Rowlandson v Merseyside

120
Q

How did the Law Commission suggest aggravated damages should be perceived?

A

As PURELY compensatory, not punitive

121
Q

Baker v Bolton

A

‘The death of a human being could not be complained of as an injury’

122
Q

Strict rules on PEL

A

Cattle v Stockton Waterworks

123
Q

What five factors do the courts consider in multiplier/multiplicand method?

A

Vicissitudes of life, accelerated receipt, inflation, children and lost years

124
Q

How is pain and suffering assessed?

A

Subjectively

125
Q

Rowlands v Chief Constable of Merseyside Police general

A

Vicarious liability

126
Q

Barely sentient and totally dependent

A

Lim Po-Choo v Camden & Islington

127
Q

Vicarious liability

A

Rowlands v Chief Constable of Merseyside Police

128
Q

What case is the starting point of discussion on exemplary damages?

A

Rookes v Barnard

129
Q

What was the predecessor to the FAA 1976?

A

Lord Campbell’s Act in 1846

130
Q

What tort claims DO get nominal damages?

A

Assault and battery

131
Q

Kuddus v Chief Constable of Leicestershire on cause of action

A

Per Lord Scott, could be adopted on a reasoned analysis of what torts should and shouldn’t be permitted

132
Q

What are the two basic categories in damages for personal injury?

A

Pecuniary and non-pecuniary loss

133
Q

What is the nature of a claim under FAA 1976?

A

Derivative

134
Q

Varuhas on the purpose of compensatory damages

A

Suggested a normative view, such that they record the fact that an important interest has been invaded

135
Q

What Act makes ED available whenever D incurs liability for the ‘publication of news-related material’ and shows ‘outrageous disregard’ for C’s rights?

A

Crime and Courts Act 2013

136
Q

Pecuniary loss definition

A

Financial costs D has made C incur

137
Q

What is s.2(1) DA96 dependent on?

A

Consideration of appropriateness

138
Q

What is the classic way of paying out personal injury damages?

A

Lump sum

139
Q

Pearson Commission on non-pecuniary loss

A

Suggested no damages for first three months after injury

140
Q

Two cases on consideration of children for lump sum

A

Croke v Wiseman; Cassell v Riverside HA

141
Q

Why is there usually no claim if dependency was based on state benefits?

A

Reduction for one less adult usually leads to same level of support so no loss

142
Q

Lawrence v Fen Tigers Ltd

A

think about damages as a licence fee, based on D’s gain - D pays for the received benefit

143
Q

Heil v Rankin judgment

A

Awards in Ireland for non-pecuniary loss higher, probably because of jury-trials - England should increase 1/3 more than in 2000

144
Q

Pickett v British Rail Engineering

A

Multiplier method based on current life expectancy, awarding for lost years but deducting C personal expenditure

145
Q

Administration of Justice Act amended LR(MP)A 1934 how?

A

Blocked claim for future lost earnings and abolished claims for ‘loss of expectation of life’

146
Q

What did the LC advocate instead of ‘diminution in value’?

A

Personal approach

147
Q

What is the name given to damages for FUTURE financial and non-pecuniary losses?

A

General damages

148
Q

What two qualifications are there on the usual compensatory aim of tort damages?

A

Loss is not always required, and damages are not confined to compensating the loss actually suffered

149
Q

What is a criticism of ECHR alongside FAA 1976

A

Different amount of damages depending on whether death results from tort or Article 2 breach

150
Q

What section of what Act allows periodical payments for non-pecuniary loss if the parties agree?

A

S.2(2) DA96

151
Q

What are three difficulties with a lump sum assessment of damages for future pecuniary loss?

A

Hard quantum, C may do worse/better than predicted and C may spend the lump sum straight away

152
Q

Thompson v Commissioner of Police for the Metropolis on aggravated damages

A

Aggravated damages should rarely be less than £1000 but not more than 2x basic compensatory damages

153
Q

What tables are used to help analyse vicissitudes of life under multiplicand method?

A

Actuarial tables

154
Q

What case confirmed there is no cause of action restriction on EDs?

A

Kuddus v Chief Constable of Leicestershire

155
Q

Cassell v Riverside HA

A

2.5 times national average

156
Q

What is the accelerated receipt concern in lump sum?

A

C may spend it all, or invest it and be overcompensated

157
Q

What are exemplary damages purely aiming to do?

A

Punish D

158
Q

What case gave general guidance on EDs against public authorities?

A

Thompson v Commissioner of Police for the Metropolis

159
Q

Index Linked Government Securities

A

Wells v Wells

160
Q

What Paper suggested damages under FAA 1976 to dependant for gratuitous services by 3rd, but then personal obligation to account to 3rd?

A

Civil Law Reform Bill Consultation Paper

161
Q

Rowlandson v Merseyside general

A

Neighbours but complainant arrested

162
Q

What doctrine blocked the dependancy claim in Burns v Edman?

A

Ex turpi causa

163
Q

why was there not allowed a claim by dependants for damages upon V’s death?

A

Relational loss, generally related to PEL

164
Q

What is the issue with lost years and the multiplier method?

A

D is rewarded the more he reduces C’s life

165
Q

Why does any defence against deceased also apply to FAA 1976?

A

Claim is derivative

166
Q

What are vicissitudes of life?

A

Something might happen in future to eliminate C’s loss/make it worse

167
Q

What three categories did Lord Devlin give in Rookes v Barnard for exemplary damages?

A

Oppressive conduct by agents of G, if D calculated profit or if statute provides for EDs

168
Q

what was the rough upper-limit of exemplary damages given as in Thompson v Commissioner of Police for the Metropolis?

A

3x total compensatory and aggravated damages

169
Q

Who suggested periodical payment reform was ‘politically driven’ in favour of short-term G interests?

A

Lewis

170
Q

Damages Act 1996 and lost years issue in multiplier method

A

Periodical payment order may be better than Pickett v British Rail, providing greater protection for dependants

171
Q

What section of what Act eliminated the need to consider the likelihood of dependant remarrying?

A

S.3(3) FAA 1976

172
Q

What section of the Law Reform (Miscellaneous Provisions) Act 1934 excludes defamation?

A

S.1(1)

173
Q

What does Lewis note about the future of periodical payments for NHS and MoD

A

Prediction that after 24 years, the immediate gains to MoD and NHS will become negative

174
Q

What case suggested a de minimis requirement for pain and suffering?

A

Hicks v South Yorkshire Police

175
Q

What judge in what case called it an ‘intrinsically impossible task’ to put a figure on each non-pecuniary claim?

A

Lord Hailsham LC in Cassell v Broome

176
Q

What case suggested it may be better to think about damages as a licence fee, based on D’s gain?

A

Lawrence v Fen Tigers Ltd

177
Q

What case suggested a more generous calculation for lost years under FAA 1976 than when by C ?

A

Thompson v Arnold

178
Q

What Act implemented Levson Report suggestion?

A

Crime and Courts Act 2013

179
Q

What report helps in regard to certainty for non-pecuniary loss awards?

A

Kemp & Kemp

180
Q

What judge in what case considered exemplary damages inappropriate but too embedded?

A

Lord Reid in Cassell v Broome

181
Q

ECHR conditions for claim on bereavement

A

Death results from an unlawful act by a public authority which breaches Article 2 ECHR

182
Q

What case required a separated widow to show a not insubstantial chance she might have returned to claim dependency under FAA 1976?

A

Davies v Taylor

183
Q

For s.2(1) DA96 consider if there is CN and if annual sum would cover C’s needs

A

Rowe v Dolman

184
Q

Heil v Rankin general

A

Awards in Ireland

185
Q

State benefits

A

Cox v Hockenhul

186
Q

For multiplier method and lost years, only deduct sums spent by C EXCLUSIVELY on himself

A

Harris v Empress Motors

187
Q

What is the method usually used for lump sum assessment?

A

Multiplicand/multiplier method

188
Q

What Commission suggested 3 purposes of non-pecuniary loss awards?

A

Royal Commission

189
Q

Law Commission on re-partnering and FAA

A

Still relevant for child dependant claim, so consider if surviving spouse is remarried or engaged to be married

190
Q

What Act allows V’s estate to claim for damages?

A

Law Reform (Miscellaneous Provisions) Act 1934

191
Q

Burns v Edman general

A

Proceeds of criminal activity

192
Q

How did the Damages Act 1996 implement Wells?

A

Directs court to make a discount rate on lump sum as provided by Lord Chancellor to reflect ILGS rate

193
Q

How is the awareness of lost expectation of life taken into account for damages?

A

Considered under non-pecuniary loss for damages

194
Q

What subsection of s.2 DA96 IS dependent on party consent?

A

S.2(2) DA96

195
Q

What section of what Act allows for periodical payments in regard to future pecuniary loss of personal injury?

A

S.2(1) DA96

196
Q

What Act implemented Wells?

A

Damages Act 1996

197
Q

Calculate damages for FAA 1976 based on ‘reasonable expectation of pecuniary benefit’ if C had lived

A

Franklin v South Eastern Railway

198
Q

When are aggravated damages most common?

A

In defamation

199
Q

What is a stepped order?

A

Anticipating changes in circumstances to increase or decrease payments

200
Q

What instrument provides for a wider class in bereavement damages than FAA 1976?

A

ECHR

201
Q

Nominal damages

A

Automatically awarded unless proof of loss required

202
Q

Damages (Variation of Periodical Payments) Order 2005 allows what?

A

Courts can make a variable order if chance C’s circumstances will significantly change

203
Q

Cox v Hockenhull general

A

State benefits

204
Q

What is the interest rate for non-pecuniary loss damages pre-trial?

A

2%

205
Q

What were the two issues with the common law standing on dependants and damages?

A

D is better off if he kills V, and death of breadwinner often left family without their main means of support

206
Q

Harris v Empress Motors

A

For multiplier method and lost years, only deduct sums spent by C EXCLUSIVELY on himself

207
Q

What Commission suggested aggravated damages should be seen pure as compensatory, not punitive?

A

Law Commission

208
Q

How is loss of amenity assessed?

A

Objectively

209
Q

In what case were aggravated damages rejected in negligence, and by what judge?

A

LJ Woolf in Kralj v McGrath

210
Q

Croke v Wiseman general

A

National earning average

211
Q

Proceeds of criminal activity

A

Burns v Edman

212
Q

Owen v Martin

A

Prospect of divorce considered under FAA 1976

213
Q

What two categories are there of non-pecuniary loss

A

Pain and suffering, and loss of amenity

214
Q

what three considerations apply to s.2(1) DA96?

A

Amount to be paid, preference of C and preference of D

215
Q

What Act Directs court to make a discount rate on lump sum as provided by Lord Chancellor to reflect ILGS rate

A

Damages Act

216
Q

Wht Commission Suggested no damages for non-pecuniary loss in first three months after injury

A

Pearson Commission

217
Q

Which case said courts should disregard replacement services by 3rd which form a benefit to dependant?

A

R v Criminal Injuries Compensation Board, ex p K

218
Q

What judge in what case suggested a cause of action test could be adopted for exemplary damages?

A

Lord Scott in Kuddus v Chief Constable of Leicestershire

219
Q

When is it preferable for deceased’s estate to claim funeral expenses under s.3(5) FAA 1976?

A

If dependant’s award is reduced as a result of CN

220
Q

‘The death of a human being could not be complained of as an injury’

A

Baker v Bolton

221
Q

What case shows HC of oz considering re-partnering under vicissitude of life?

A

De Sales v Ingrilli

222
Q

Jobling v Associated Diaries judgment

A

Even if C hadn’t been injured, wouldn’t have been able to work in future anyway

223
Q

what are the two ways to value FAA 1976 damages?

A

Multiplier method or periodical payment

224
Q

What Act blocked claims for ‘loss of expectation of life’?

A

Administration of Justice Act 1934

225
Q

Twins, arm up and dead

A

Kralj v McGrath

226
Q

lewis on periodical payments

A

They influence bargaining positions but are ‘politically driven’ in favour of short-term G interests

227
Q

What is the multiplicand/multiplier method?

A

Calculation of number of years loss will continue x annual loss C will suffer

228
Q

When did LC say re-partnering will be considered under FAA 1976?

A

For child dependant claim if surviving spouse is remarried or engaged to be

229
Q

S.1 FAA 1976

A

Exhaustive list of ‘dependants’

230
Q

Illness AND injury

A

Jobling v Associated Diaries

231
Q

Thompson v Commissioner of Police for the Metropolis on EDs

A

Rarely less than £5,000, and £50,000 is the maximum

232
Q

Lim Po-Choo v Camden & Islington judgment

A

Awarded £20,000, confirming West

233
Q

What case enforced that there is no claim under aggravated damages for feelings already covered under basic damages?

A

Rowlandson v Merseyside

234
Q

Hicks v South Yorkshire Police judgment

A

No award for fear, suggesting de minimis requirement for pain and suffering, and compensation very small if death quick

235
Q

Morton v Portal

A

C’s preference is not determinative for s.2(1) DA96

236
Q

Kuddus v Chief Constable of Leicestershire per Lord Scott on ED payable by G

A

No longer needed given ‘great developments’ in public law and JR

237
Q

Jobling v Associated Diaries general

A

Illness AND injury

238
Q

Administration of Justice Act 1982 amended what Act

A

LR(MP)1934

239
Q

Why did Lord Woolf reject emphasis on certainty in non-pecuniary loss awards?

A

Courts should constantly review level of damages awarded

240
Q

What Act preceded the FAA 1976?

A

Lord Campbell’s Act in 1846

241
Q

De Sales v Ingrilli

A

Re-partnering considered under vicissitude of life in HC of Oz

242
Q

what are contemptuous damages?

A

Court expressed disapproval of C’s technical legal victory through damages

243
Q

Kralj v McGrath general

A

Twins, arm up and dead

244
Q

What Commission was struck by the high cost of compensation for non-pecuniary loss?

A

Pearson Commission

245
Q

2.5 times national average

A

Cassell v Riverside HA

246
Q

What case was supportive of specific ‘vindicatory damages’?

A

Ashley v Chief Constable of Sussex Police

247
Q

What case recognised the lost years issue with the multiplier method?

A

Pickett v British Rail Engineering

248
Q

Aunt and uncle, 3 kids

A

R v Criminal Injuries Compensation Board, ex p K

249
Q

Rookes v Barnard general

A

Starting point for exemplary damages

250
Q

Royal Commission

A

Suggested 3 purposes of non-pecuniary loss award

251
Q

Lord Hailsham LC in Cassell v Broome

A

‘intrinsically impossible task’ to put a figure on each non-pecuniary claim

252
Q

What case stated that it is no concern of the court the use of the money awarded for non-pecuniary loss?

A

West & Son v Shephard

253
Q

Name three cases considering factors evaluated for FAA 1976 award

A

Owen v Martin; De Sales v Ingrilli; ex p K

254
Q

Name at least three reasons why the Law Commission were particularly in favour of periodical payments

A

Clean break can still be achieved, reflects compensatory element, places risks on D and allows effective cost-management of awards

255
Q

What are the conditions for a variable order under Damages (Variation of Periodical Payments) Order 2005?

A

Initial agreement specified to be variable, and change foreseen and specified

Law Second Year (62 decks)

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