Flashcards in Remedies in Negligence Deck (8)
If the defendant is alive, under what act can they claim for pain and suffering?
The Administration of Justice Act 1982
What does loss of amenity include?
1. Loss of senses
2. Loss of hobbies and enjoyment
3. Loss of movement
4. Loss of marriage prospects
Is pain and suffering judged objectively or subjectively? Which case?
Subjectively- no claim may be claimant is unconscious Wise v Kaye
Is loss of amenity judged objectively or subjectively? Which case?
Objectively. West v Shephard. It can be claimed if the victim is in a coma
If a relative provides free care, to what value can that be claimed?
Up to the value of commercial care. Housecroft v Burnett
What is the multiplicand and what is the multiplier in living claimant's claims?
The multiplicand is the gross annual lost earnings (minus tax, NI and pension contributions).
The multiplier is the number of years of work lost
Which tables reduce the amount for the benefit of having the money in a lump sum?
The Ogden tables