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Remedies (Injunctions (After damages, this is the most common civil court…

- - - - Pain and Suffering
      - Loss of amenity or a change in lifestyle
  - - - These are amounts that can be calculated specifically up to the date of the trial/settlement
      - In other words, they are pecuniary loss
      - This is the compensation that has already occured
      - This could include the cost or repairing a vehicle, damage to property or loss of earnings
    - - These are non-pecuniary losses
      - They are claims for damage after the trial
      - They can include
        
        Amount for pain and suffering
        
        Loss of amenity
        
        Future loss of earnings
        
        Future medical expenses
      - These amounts are speculative and evidence will have to be shown to support the claim
        
        Medical evidence e.g. how long will it take to heal
        
        For future loss of earnings and medical expenses an annual amount is calculated and multiplied by the years C will be affected
      - C will be expected to make the costs as low as possible
  - - - When courts make an award for pain and suffering and loss of amenity, they can award a lump sum
      - This only comes once
      - C cannot comeback to court and claim he has exhausted damages
      - Issues
        
        Unfair to C if his condition worsens
        
        Inflation can lower the amount
        
        Unfair to D if C's condition improves
    - - To deal w/ the issues of lump sums, the Damages Act 1996 allows for structured settlements
      - It allows parties to agree that rather all or part of the damages can be paid periodically
      - This is arranged by D or his insurer who will purchase an annuity through a finance company who will make the regular payments
      - The Act states that this agreement can be for life or a period of time
      - The amount can be assessed at intervals to allow for fairness
      - This protects C if their condition worsens and for D who will only pay the amount needed
      - The courts have no power over these settlements