Remedies

Question 1

Pecuniary loss

Answer 1

Easily calculated

Question 2

Non-pecuniary loss

Answer 2

Not easily calculated and not wholly money based
Pain and suffering / loss of amenity

Question 3

Special damages

Answer 3

Pecuniary loss
Calculated up to the date of trial or settlement
Including cost of replacing items or loss of income while recovering

Question 4

General damages

Answer 4

Non-pecuniary from trial or settlement date
Pain and suffering, loss of amenity, future loss of earnings, future medical expenses

Question 5

Mitigation of loss

Answer 5

Claimant is under a duty to keep the loss to a reasonable level.
Using private services rather than NHS or replacing an item with a more expensive one is not allowed.

Question 6

Lump sums and structured settlements

Answer 6

Lump sums for pain and suffering / loss of amenity may be unfair where claimants condition gets better or worse
Damages Act 1996 allows structured settlements under ADR

Question 7

Injunction

Answer 7

Order to do or stop doing something. If D fails to they are in contempt of the court.