Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

M85 > Chapter 9 > Flashcards

Chapter 9 Flashcards

(58 cards)

Start Studying
1
Q

Pain, Suffering and Loss of Amenity

A

compensate the victim for the physical and psychological pain and suffering, both immediately after the accident and in the future

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Loss of Amenity

A

compensates for the loss of enjoyment or physical/mental limitations due to the injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Sources for assessing General Damages

A

• Judicial College Guidelines
• Kemp and Kemp
• Personal Injury Service Publications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Medical Report for General Damages

A

key evidence of:
• injury’s severity
• duration
• ongoing symptoms
• potential future complications

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Acceleration Case in Personal Injury Law

A

an injury brings forward symptoms of a pre-existing condition, entitling the claimant to recover only for the period of acceleration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Acceleration V Eggshell Rule

A

in acceleration, the claimant would have suffered similar symptoms eventually

the eggshell fuel compensates for all consequences of the injury, even if the claimant was more vulnerable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Smith and Manchester Claim

A

a type of damages awarded to a claimant who is disabled by an accident but still able to work, compensating for potential future difficulties in the labour market

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Smith and Manchester Proof

A

they must prove a substantial or real risk of losing their current job or difficulty finding another job at the same pay level

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Moeliker v. Reyrolle (1977)

A
  1. determine if there is a real risk the claimant will lose their job before retirement
  2. assess the financial impact if that risk materialises
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Smith and Manchester Claims Quantified

A

courts base calculations on a multiplier of the claimant’s net earnings, typically ranging from three months to two years of salary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Industries that may see a higher risk of handicap

A

industries involving physical labour, where a disability might significantly reduce a worker’s employability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

“Future” in the context of “Future Loss of Earnings”

A

it applies from the date of the trial, as losses up to that point can be calculated accurately and awarded as special damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Future Loss of Earnings Evidence

A

some form of permanent disability or a disability that will last into the future

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Future Losses

A

• total loss of earnings
• partial loss
• needing a less strenuous job for less pay

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Multiplicand

A

the difference between the claimant’s current annual net income and their pre-accident net income
adjusted for future wage increases or promotions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Multiplier

A

the number of years from the date of trial until the claimant’s likely retirement age

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Actuarial Tool to determine The Multiplier

A

The Ogden Tables

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Significant Change by the Civil Liability Act 2018

A

new rules for calculating the discount rate and a requirement for more regular reviews

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Discount Rate

A

it reflects the return a claimant can expect from investing their damages
affects the lump sum awarded for future loss of earnings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Discount Rate Change

A

2.5% changed to -0.75%, effective from March 2017

Increased to -0.25% following an extensive review in 2019

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Loss of Congenial Employment

A

compensation for losing job satisfaction, particularly when a person must replace a satisfying job with less fulfilling work

it used to be compensated for within pain, suffering and loss of amenity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Morris v. Johnson Matthey & Co. Ltd (1967)

A

compensating for the loss of craft in congenial employment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Leading Case for Loss of Congenial Employment

A

Blamey (1988), where a fireman received £3,250

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Occupations for Loss of Congenial Employment

Study These Flashcards
A

occupations with a vocational element, such as nurse, doctor or priest

25
Kemp and Kemp, The Quantum of Damages
Table of Awards for Loss of Congenial Employment
26
Future Cost of Care and Specialist Equipment
the same principles as calculating care and services rendered between injury and trial, using the multiplier and multiplicand approach
27
Items of Specific Loss
one-time losses such as damage to clothing during an accident needs to prove receipts or evidence of the loss indemnity settlement = an allowance for wear and tear deducted
28
Most common Head of Special Damages
loss of earnings up to the date of trial
29
Lost Wages Calculation
multiply the pre-accident average net weekly by the number of weeks the claimant suffered a loss
30
Average Weekly Wage Loss
13 week period immediately prior to the accident take the total net pay for the 13 weeks and divide it by 13, adjusting for overtime, bonuses and seasonal fluctuations
31
Self-Employed Loss of Earnings
use their book of accounts and tax returns to calculate
32
Tax Refunds and Affecting Loss of Earnings Calculations
tax refunds or credits due to reduced earnings must be accounted for and credited in the calculation
33
Statutory Sick Pay in Loss of Earnings
unless the employment contract requires repayment, statutory sick pay should not be deducted
34
Redundancy Payments in Loss of Earnings
can be deducted from damages if the claimant is made redundant due to their injuries
35
Parry v. Cleaver (1978)
pensions should not be deducted from loss of earnings claims because they are part of the employee’s remuneration package
36
Law Reform (Miscellaneous Provisions) Act 1934
gives the estate of the deceased the right to claim damages from the date of the accident to the date of death including • pain and suffering • loss of income • special damages for property damage
37
Administration of Justice Act 1982
damages for “awareness of reduced life expectancy” when there is a time-lag between accident and death
38
Claim when Death is Instantaneous
there must be a period of survival and awareness of impending death for a valid claim under this head
39
Special Property Loss
damages for loss or damage to personal property such as vehicles, clothes and personal possessions damaged in the accident
40
Fatal Accidents Act 1976
dependents of the deceased can make a personal claim for financial losses, bereavement damages and funeral expenses
41
Dependents under the Fatal Accident Act 1976
• spouse • civil partner • children • parents • others treated as family
42
Changes in Earning Capacity
potential promotion or redundancy
43
Household-Related Claims needed to be included in the Multiplicand
• household maintenance • housekeeping • child care • caring for a sick relative • perks like a company care or private health insurance
44
Section 4 of the Fatal Accidents Act 1976 - Benefits
benefits like life insurance, pensions and proceeds from the deceased’s estate must be disregarded when calculating damages
45
Section 4 of the Fatal Accidents Act 1976 - Benefits
benefits like life insurance, pensions and proceeds from the deceased’s estate must be disregarded when calculating damages
46
Contributory Negligence under the Fatal Accidents Act 1976
damages will be reduced if the deceased was partly responsible for their own death
47
Provisional Damages
awarded when there is a risk of future deterioration of the claimant’s condition the claim must be pleaded, a serious disease must be possible and the claimant must apply for additional damages
48
Section 3 of the Damages Act 1996
provisional damages do not bar an action by dependents under the Fatal Accidents Act 1976, if the claimant dies from the same cause
49
Types of Rehabilitation
• Medial (injury treatment) • Vocational (alternative employment) • Qualitative (enhancing impaired capabilities)
50
Rehabilitation Code 1999
to promote the use of rehabilitation services in settling personal injury claims and to restore claimants’ quality of line and earning capacity
51
Compensation Recovery Unit (CRU)
recovers social security benefits paid due to an accident or injury and costs incurred by NHS hospitals and Ambulance Trusts for treatment
52
Costs to Consider
• defence costs • claimant’s costs • coverage costs • an element for interest in their reserve/valuation
53
Periodic Payment Order (PPO)
a court-ordered arrangement for personal injury damages, typically involving regular annual payments to cover future costs like care
54
PPO main components
• a lump sum for capital assets and future contingencies • annual periodic payments to cover ongoing costs like care
55
Which Law can Courts impose PPOs
Section 2(1) of the Damages Act 1996, as amended by the Courts Act 2003, gives courts the power to impose PPOs for future pecuniary loss in personal injury cases
56
PPOs common use
common in maximum severity clinical negligence cases, particularly with brain-injured children or catastrophic injuries in PI claims
57
PPOs Challenges
• PPOs transfer mortality and investment risk from the claimant to the insurer, requiring careful reserve management and solvency planning • must hold appropriate reserves and meet solvency requirements to manage the long-term financial risks
58
Medical Experts
• neurosurgeon • psychiatrist • rehabilitation specialist • care specialist

M85 (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions