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Remedies - Coggle Diagram
Remedies
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GENERAL DAMAGE
These are non-pecuniary losses and is look forward from the trial of settlement date
they can include an:
-amount for pain and suffering
-loss of amenity future loss of earnings
-future medical expenses including adapting a house or car to be suitable for severely injured person and paying for specialist care.
These amounts are, to an extent, speculative and evidence will have to be obtained to support the claim this will include medical evidence on the effect of the accident on the victim and how long the suffering or injuries would take to heal if at all. For future loss of earnings and future medical expenses that will have to be an annual calculation of the loss and this would be multiplied by the number of years of the loss.
The claimant will be expected to mitigate the loss, so if they can work part-time at a lower wage, they will be expected to do. So any amount of this wage will be deducted from the award (compensation).
INJUNCTIONS
After damages, the most common remedy told is an injunction, this is generally an order of the court to stop doing something. If the person on whom the injunction placed fails to follow the terms of the injunction they will be in contempt of the court, therefore they can be punished with a fine or imprisonment for the maximum of two years.
'contempt of the court's- failure to follow an order of the civil court. The Court can order punishment if the failure is serious or continues for some time.
An injunction can be ordered during the case. I did an injunction commonly ordered as a final order known as a perpetual injunction. Unless a common form of the injunction could be a mandatory injunction which will order a party to carry out a certain action this again could be used in a nuisance action. Injunctions will often be the main reason for a nuisance case to be brought as the aim of taking action is to stop the nuisance continuing.
Because of the case Coventry v Lawrence [2014] few injunctions can be expected to be granted especially in cases of nuisance. The court criticise a tendency to mechanically apply existing principles and award an injunction. Instead of the court endorsed a more flexible approach when awarding of them are remedy it is likely that fewer injunction to be granted and that damages will become a more common alternative remedy.
SPECIAL DAMAGE
these are amounts which can be calculated specifically up to the date of the trial settlement. In other words, they are a pecuniary loss. Any loss of earnings while recovering from the accident can also be claimed.
This can include the cost of repairing a vehicle and the higher cost of a replacement replacing damage clothes or bags.
COMPENSATORY DAMAGES
A tort claim the courts could award a successful claimant compensation for the injuries they have suffered or damage to their property this award is known as damages the aim of the award of damages is to place the claimant in the same position as if the talks had not been committed as far as money can do so.
MITIGATION OF LOSS
the claimant is entitled to be compensated for their loss but they are under a duty to keep the loss to a reasonable level this is called mitigation of loss. For example, the claimant cannot claim private treatment for their injury if there is a suitable treatment available under the NHS on the other hand if the treatment is only available privately the cost of the private treatment can be claimed.