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Flashcards in Tort Law - Damages Deck (255):
1

Grobbelaar v News Group Newspapers general

Match fixing and bribes

2

What damages have a punitive aspect?

Aggravated

3

CoA announced across-the-board increases in damages for non-pecuniary loss

Simmons v Castle

4

No speech, limited understanding

West & Son v Shephard

5

What are the two ways to apportion pecuniary loss damages?

Lump sum or periodical payment

6

What is the typical payment of general non-pecuniary damages?

Lump sum

7

Who is covered under s.1A FAA 1976?

Parents of a child under 18 and a spouse

8

Judicial Studies Board

publishes guidance on non-pecuniary loss damages

9

What case said multiplier method is based on current life expectancy?

Pickett v British Rail Engineering

10

Match fixing and bribes

Grobbelaar v News Group Newspapers

11

What was the personal approach advocated by the LC?

Both pain and suffering and loss of amenity assessed subjectively

12

What did L&O comment on Damages Act 1996 and its view on ILGS?

Economic circumstances mean investments may in fact lose value relative to earnings now, even in an ILGS

13

What is the general purpose of tort damages?

To compensate C and put them back in their original position

14

Lim Po-Choo v Camden & Islington general

Barely sentient and totally dependent

15

What section of what Act directs courts to disregard benefits to dependant if C hadn't died

S.4 FAA 1976

16

Ashley v Chief Constable of Sussex Police

supportive of specific 'vindicatory damages'

17

R v Criminal Injuries Compensation Board, ex p K judgment

Disregard replacement services by 3rd which form a benefit to dependant

18

Kemp & Kemp

Reports injury awards

19

Why can the case of Thompson v Arnold be criticised?

Why should a claim under FAA 1976 be more generous for lost years than when by C, as both aim to provide for dependants after C's death

20

What judge in what case gave three categories of case of exemplary damages?

Lord Devlin in Rookes v Barnard

21

In what case did the HoL say that lump sums are assumed to be invested in ILGS?

Wells v Wells

22

What periodical payment order anticipates changes in circumstances to increase or decrease payments?

Stepped order

23

Who thought the deterrent effect of EDs on G was 'fanciful'?

lord Scott in Kuddus v Chief Constable of Leicestershire

24

Davies v Taylor general

Widow, affair, left

25

Kuddus v Chief Constable of Leicestershire per Lord Wilberforce

Questioned limitation to G, considering the power of international companies

26

Cox v Hockenhull judgment

State benefits can found dependency

27

Widow, affair, left

Davies v Taylor

28

What judge in what case suggested a claim for future lost earnings should be blocked under AJA and allowed under FAA76 for dependants?

Gregg v Scott, Lord Phillips

29

West & Son v Shephard judgment

Unconsciousness doesn't eliminate loss of amenity

30

What case gave guidance on quantum of aggravated damages?

Thompson v Commissioner of Police for the Metropolis

31

Why did LJ Woolf in Kralj v McGrath reject aggravated damages in negligence?

Inappropriate to assess HOW careless D has been

32

What section of what Act bars periodical payments unless 'reasonably secure'?

S.2(3) DA96

33

R v Criminal Injuries Compensation Board, ex p K general

Aunt and uncle, 3 kids

34

Davies v Taylor judgment

Need to prove a not insubstantial chance she might have returned

35

Cattle v Stockton Waterworks

Strict rules on PEL

36

Gregg v Scott on AJA 1982

Per Lord Phillips, preferable to block claim for future lost earnings and allow a claim under FAA76, believed to be achieved through a purposive interpretation of the LR(MP)A

37

Wells v Wells judgment

Assume C invests money in ILGS, promising proof of investment against inflation

38

West & Son v Shephard general

No speech, limited understanding

39

What two cases show the difference between the assessment of loss of amenity and the assessment of pain and suffering?

West & Son v Shephard; Lim Po-Choo v Camden & Islington

40

S.4 FAA 1976

Directs courts to disregard benefits to dependant if C hadn't died

41

What case shows award to a child 2.5 times national average?

Cassell v Riverside HA

42

What damages are awarded automatically in a tort claim?

Nominal damages

43

National earning average

Croke v Wiseman

44

Franklin v South Eastern Railway on valuing FAA 1976

Only for pecuniary loss damages

45

Prospect of divorce considered under FAA 1976

Owen v Martin

46

How do the Law Commission argue a clean break can still be achieved in a periodical payment order?

Purchase of an annuity/through insurance

47

Thompson v Arnold

Suggestion of more generous calculation for lost years than when by C

48

Three helpful sources for assessment of non-pecuniary loss damages

Simmons v Castle; Kemp & Kemp; Judicial Studies Board

49

Leveson Report

Suggested EDs available for media torts and libel and slander

50

Crime and Courts Act 2013

ED available whenever D incurs liability for the 'publication of news-related material' and shows 'outrageous disregard' for C's rights

51

What is the interest payable on special damages?

Half the special investment rate

52

When did the LC suggest no award of exemplary damages?

If a criminal sanction has already been imposed

53

If there was a defence available against the deceased, what happens in a claim under FAA 1976?

Applies there also

54

Ogden tables

Relevant discount rate for inflation

55

Name 3 types of non-compensatory damages

Nominal, contemptuous and exemplary

56

Case showing national earning average is the starting point for lump sum to children?

Croke v Wiseman

57

What case shows C's preference is not determinative for s.2(1) DA96?

Morton v Portal

58

What is the name given to financial losses up to the date of the trial?

Special damages

59

What tort claim does not get nominal damages and why?

Nuisance - no action without proof of loss

60

Lord Reid in Cassell v Broome

exemplary damages inappropriate but too embedded

61

C's preference is not determinative for s.2(1) DA96

Morton v Portal

62

Why is the parallel ECHR bereavement claim unlikely to be important in England?

Statutory remedy for Article 2 ECHR means no widening of FAA to comply

63

Franklin v South Eastern Railway

Calculate damages for FAA 1976 based on 'reasonable expectation of pecuniary benefit' if C had lived

64

S.2(2) DA96

Courts can use periodical payments for other kinds of personal injury damage if CONSENT

65

Kralj v McGrath judgment

LJ Woolf rejected AD in negligence

66

What pecuniary losses are recoverable in full?

Pre-trial pecuniary loss

67

Burns v Edman judgment

Husband's wage was from criminal activity so no claim by widow - ex turpi causa

68

Awards in Ireland

Heil v Rankin

69

What judge in what case rejected the excessive emphasis placed on consistency in assessing non-pecuniary loss damages?

Lord Woolf in Heil v Rankin

70

What are aggravated damages?

To reflect pride and hurt feelings

71

What tort is excluded from Law Reform (Miscellaneous Provisions) Act 1934?

Defamation

72

Civil Law Reform Bill Consultation Paper

Suggested damages to dependant for gratuitous services by 3rd, but then personal obligation to account to 3rd

73

What were the 3 purposes suggested by the Royal Commission for non-pecuniary loss awards?

A palliative, to allow C to purchase alternative sources of satisfaction and to meet hidden expenses not recoverable as pecuniary loss

74

What section of what Act gives a limited class who can claim for bereavement?

S.1A FAA 1976

75

S.2(1) DA96

Allows for periodical payments in regard to future pecuniary loss of personal injury

76

What Act allows courts to make a 'variable order'?

(Variation of Periodical Payments) Order 2005

77

What restriction was thought to operate on exemplary damages?

Cause of action

78

Is s.2(1) DA96 dependent on consent of the parties?

No

79

Rowe v Dolman

For s.2(1) DA96 consider if there is CN and if annual sum would cover C's needs

80

What case confirmed West & Son v Shephard?

Lim Po-Choo v Camden & Islington

81

Rowlands v Chief Constable of Merseyside Police judgment

Vicarious liability still allows ED claim

82

What Board publishes guidance on non-pecuniary loss damages?

Judicial Studies Board

83

What case gives the common law standing for death on damages for dependants?

Baker v Bolton

84

Rowlandson v Merseyside judgment

AD for pride and dignity but not for feelings already covered under basic damages

85

S.2(3) DA96

Bars periodical payments unless 'reasonably secure'

86

what three things did Lord Devlin say one should bear in mind for exemplary damages in Rookes v Barnard?

P can only recover if he is the victim, may need to place arbitrary limits on ED and the means of the parties are material

87

Who questioned the limitation of EDs to G and in what case?

Lord Wilberforce in Kuddus v Chief Constable of Leicestershire

88

Wells v Wells general

Index Linked Government Securities

89

What Report suggested EDs should be available for media torts and libel and slander?

Leveson Report

90

When is a periodical payment considered 'reasonably secure'?

When made by G/health service

91

Why are themes of the parties material in exemplary damages?

To see if it aggravated or mitigated D's conduct

92

Why did Lord Scott in Kuddus v Chief Constable of Leicestershire consider the deterrent effect of ED on G 'fanciful\?

Damages are met by public funds

93

What section of FAA 1976 gives an exhaustive list of 'dependants'?

S.1

94

Why was the LC personal approach to non-pecuniary rejected?

Lower awards may be awarded for more catastrophic injuries

95

What is the fixed lump sum for bereavement?

£12,980

96

What is the purpose of investing in an ILGS?

Promised proof of investment against inflation

97

S.3(3) FAA 1976

eliminated the need to consider the likelihood of dependant remarrying

98

Prior to LR(MP)A 1934, what was the effect of V's death?

No claim for damages

99

Hillsborough, quick and painless

Hicks v South Yorkshire Police

100

What case showed the SC ruling vindicatory damages do not exist in English law?

R (Lumba) v SoS for the HD

101

Grobbelaar v News Group Newspapers judgment

£85,000 award reduced to £1, and pay 2/3 of The Sun's legal costs

102

What case restricted FAA 1976 claims to pecuniary loss only?

Franklin v South Eastern Railway

103

R (Lumba) v SoS for the HD

vindicatory damages do not exist in English law

104

Actuarial tables

Relevant discount rate for vicissitudes of life

105

Hicks v South Yorkshire Police general

Hillsborough, quick and painless

106

Who criticised the 'diminution in value' approach to non-pecuniary loss?

Law Commission

107

What case showed no claim for damages past X period because C's illness meant he wouldn't have been able to work in the future anyway?

Jobling v Associated Diaries

108

Non-pecuniary loss definition

Non-financial costs incurred, e.g. loss of amenity/pain and suffering

109

What did Law Commission suggest of exemplary damages?

Should be available whenever D deliberately disregards C's rights, but as a 'last resort' decided PURELY by a judge

110

Rookes v Barnard judgment

Per Lord Devlin, three categories for EDs

111

Simmons v Castle

CoA announced across-the-board increases in damages for non-pecuniary loss

112

What tables are used by practitioners to find the relevant discount rate for inflation?

Ogden tables

113

What case allows claims for damages by dependants?

Fatal Accidents Act 1976

114

Who suggested a normative view of the purpose of compensatory damages?

Varuhas

115

When are contemptuous damages most common?

In defamation

116

Who suggested periodical payment reform influences bargaining positions of private litigation?

Lewis

117

What case is an example of contemptuous damages?

Grobbelaar v News Group Newspapers

118

What case set limits on exemplary damages?

Thompson v Commissioner of Police for the Metropolis

119

Neighbours but complainant arrested

Rowlandson v Merseyside

120

How did the Law Commission suggest aggravated damages should be perceived?

As PURELY compensatory, not punitive

121

Baker v Bolton

'The death of a human being could not be complained of as an injury'

122

Strict rules on PEL

Cattle v Stockton Waterworks

123

What five factors do the courts consider in multiplier/multiplicand method?

Vicissitudes of life, accelerated receipt, inflation, children and lost years

124

How is pain and suffering assessed?

Subjectively

125

Rowlands v Chief Constable of Merseyside Police general

Vicarious liability

126

Barely sentient and totally dependent

Lim Po-Choo v Camden & Islington

127

Vicarious liability

Rowlands v Chief Constable of Merseyside Police

128

What case is the starting point of discussion on exemplary damages?

Rookes v Barnard

129

What was the predecessor to the FAA 1976?

Lord Campbell's Act in 1846

130

What tort claims DO get nominal damages?

Assault and battery

131

Kuddus v Chief Constable of Leicestershire on cause of action

Per Lord Scott, could be adopted on a reasoned analysis of what torts should and shouldn't be permitted

132

What are the two basic categories in damages for personal injury?

Pecuniary and non-pecuniary loss

133

What is the nature of a claim under FAA 1976?

Derivative

134

Varuhas on the purpose of compensatory damages

Suggested a normative view, such that they record the fact that an important interest has been invaded

135

What Act makes ED available whenever D incurs liability for the 'publication of news-related material' and shows 'outrageous disregard' for C's rights?

Crime and Courts Act 2013

136

Pecuniary loss definition

Financial costs D has made C incur

137

What is s.2(1) DA96 dependent on?

Consideration of appropriateness

138

What is the classic way of paying out personal injury damages?

Lump sum

139

Pearson Commission on non-pecuniary loss

Suggested no damages for first three months after injury

140

Two cases on consideration of children for lump sum

Croke v Wiseman; Cassell v Riverside HA

141

Why is there usually no claim if dependency was based on state benefits?

Reduction for one less adult usually leads to same level of support so no loss

142

Lawrence v Fen Tigers Ltd

think about damages as a licence fee, based on D's gain - D pays for the received benefit

143

Heil v Rankin judgment

Awards in Ireland for non-pecuniary loss higher, probably because of jury-trials - England should increase 1/3 more than in 2000

144

Pickett v British Rail Engineering

Multiplier method based on current life expectancy, awarding for lost years but deducting C personal expenditure

145

Administration of Justice Act amended LR(MP)A 1934 how?

Blocked claim for future lost earnings and abolished claims for 'loss of expectation of life'

146

What did the LC advocate instead of 'diminution in value'?

Personal approach

147

What is the name given to damages for FUTURE financial and non-pecuniary losses?

General damages

148

What two qualifications are there on the usual compensatory aim of tort damages?

Loss is not always required, and damages are not confined to compensating the loss actually suffered

149

What is a criticism of ECHR alongside FAA 1976

Different amount of damages depending on whether death results from tort or Article 2 breach

150

What section of what Act allows periodical payments for non-pecuniary loss if the parties agree?

S.2(2) DA96

151

What are three difficulties with a lump sum assessment of damages for future pecuniary loss?

Hard quantum, C may do worse/better than predicted and C may spend the lump sum straight away

152

Thompson v Commissioner of Police for the Metropolis on aggravated damages

Aggravated damages should rarely be less than £1000 but not more than 2x basic compensatory damages

153

What tables are used to help analyse vicissitudes of life under multiplicand method?

Actuarial tables

154

What case confirmed there is no cause of action restriction on EDs?

Kuddus v Chief Constable of Leicestershire

155

Cassell v Riverside HA

2.5 times national average

156

What is the accelerated receipt concern in lump sum?

C may spend it all, or invest it and be overcompensated

157

What are exemplary damages purely aiming to do?

Punish D

158

What case gave general guidance on EDs against public authorities?

Thompson v Commissioner of Police for the Metropolis

159

Index Linked Government Securities

Wells v Wells

160

What Paper suggested damages under FAA 1976 to dependant for gratuitous services by 3rd, but then personal obligation to account to 3rd?

Civil Law Reform Bill Consultation Paper

161

Rowlandson v Merseyside general

Neighbours but complainant arrested

162

What doctrine blocked the dependancy claim in Burns v Edman?

Ex turpi causa

163

why was there not allowed a claim by dependants for damages upon V's death?

Relational loss, generally related to PEL

164

What is the issue with lost years and the multiplier method?

D is rewarded the more he reduces C's life

165

Why does any defence against deceased also apply to FAA 1976?

Claim is derivative

166

What are vicissitudes of life?

Something might happen in future to eliminate C's loss/make it worse

167

What three categories did Lord Devlin give in Rookes v Barnard for exemplary damages?

Oppressive conduct by agents of G, if D calculated profit or if statute provides for EDs

168

what was the rough upper-limit of exemplary damages given as in Thompson v Commissioner of Police for the Metropolis?

3x total compensatory and aggravated damages

169

Who suggested periodical payment reform was 'politically driven' in favour of short-term G interests?

Lewis

170

Damages Act 1996 and lost years issue in multiplier method

Periodical payment order may be better than Pickett v British Rail, providing greater protection for dependants

171

What section of what Act eliminated the need to consider the likelihood of dependant remarrying?

S.3(3) FAA 1976

172

What section of the Law Reform (Miscellaneous Provisions) Act 1934 excludes defamation?

S.1(1)

173

What does Lewis note about the future of periodical payments for NHS and MoD

Prediction that after 24 years, the immediate gains to MoD and NHS will become negative

174

What case suggested a de minimis requirement for pain and suffering?

Hicks v South Yorkshire Police

175

What judge in what case called it an 'intrinsically impossible task' to put a figure on each non-pecuniary claim?

Lord Hailsham LC in Cassell v Broome

176

What case suggested it may be better to think about damages as a licence fee, based on D's gain?

Lawrence v Fen Tigers Ltd

177

What case suggested a more generous calculation for lost years under FAA 1976 than when by C ?

Thompson v Arnold

178

What Act implemented Levson Report suggestion?

Crime and Courts Act 2013

179

What report helps in regard to certainty for non-pecuniary loss awards?

Kemp & Kemp

180

What judge in what case considered exemplary damages inappropriate but too embedded?

Lord Reid in Cassell v Broome

181

ECHR conditions for claim on bereavement

Death results from an unlawful act by a public authority which breaches Article 2 ECHR

182

What case required a separated widow to show a not insubstantial chance she might have returned to claim dependency under FAA 1976?

Davies v Taylor

183

For s.2(1) DA96 consider if there is CN and if annual sum would cover C's needs

Rowe v Dolman

184

Heil v Rankin general

Awards in Ireland

185

State benefits

Cox v Hockenhul

186

For multiplier method and lost years, only deduct sums spent by C EXCLUSIVELY on himself

Harris v Empress Motors

187

What is the method usually used for lump sum assessment?

Multiplicand/multiplier method

188

What Commission suggested 3 purposes of non-pecuniary loss awards?

Royal Commission

189

Law Commission on re-partnering and FAA

Still relevant for child dependant claim, so consider if surviving spouse is remarried or engaged to be married

190

What Act allows V's estate to claim for damages?

Law Reform (Miscellaneous Provisions) Act 1934

191

Burns v Edman general

Proceeds of criminal activity

192

How did the Damages Act 1996 implement Wells?

Directs court to make a discount rate on lump sum as provided by Lord Chancellor to reflect ILGS rate

193

How is the awareness of lost expectation of life taken into account for damages?

Considered under non-pecuniary loss for damages

194

What subsection of s.2 DA96 IS dependent on party consent?

S.2(2) DA96

195

What section of what Act allows for periodical payments in regard to future pecuniary loss of personal injury?

S.2(1) DA96

196

What Act implemented Wells?

Damages Act 1996

197

Calculate damages for FAA 1976 based on 'reasonable expectation of pecuniary benefit' if C had lived

Franklin v South Eastern Railway

198

When are aggravated damages most common?

In defamation

199

What is a stepped order?

Anticipating changes in circumstances to increase or decrease payments

200

What instrument provides for a wider class in bereavement damages than FAA 1976?

ECHR

201

Nominal damages

Automatically awarded unless proof of loss required

202

Damages (Variation of Periodical Payments) Order 2005 allows what?

Courts can make a variable order if chance C's circumstances will significantly change

203

Cox v Hockenhull general

State benefits

204

What is the interest rate for non-pecuniary loss damages pre-trial?

2%

205

What were the two issues with the common law standing on dependants and damages?

D is better off if he kills V, and death of breadwinner often left family without their main means of support

206

Harris v Empress Motors

For multiplier method and lost years, only deduct sums spent by C EXCLUSIVELY on himself

207

What Commission suggested aggravated damages should be seen pure as compensatory, not punitive?

Law Commission

208

How is loss of amenity assessed?

Objectively

209

In what case were aggravated damages rejected in negligence, and by what judge?

LJ Woolf in Kralj v McGrath

210

Croke v Wiseman general

National earning average

211

Proceeds of criminal activity

Burns v Edman

212

Owen v Martin

Prospect of divorce considered under FAA 1976

213

What two categories are there of non-pecuniary loss

Pain and suffering, and loss of amenity

214

what three considerations apply to s.2(1) DA96?

Amount to be paid, preference of C and preference of D

215

What Act Directs court to make a discount rate on lump sum as provided by Lord Chancellor to reflect ILGS rate

Damages Act

216

Wht Commission Suggested no damages for non-pecuniary loss in first three months after injury

Pearson Commission

217

Which case said courts should disregard replacement services by 3rd which form a benefit to dependant?

R v Criminal Injuries Compensation Board, ex p K

218

What judge in what case suggested a cause of action test could be adopted for exemplary damages?

Lord Scott in Kuddus v Chief Constable of Leicestershire

219

When is it preferable for deceased's estate to claim funeral expenses under s.3(5) FAA 1976?

If dependant's award is reduced as a result of CN

220

'The death of a human being could not be complained of as an injury'

Baker v Bolton

221

What case shows HC of oz considering re-partnering under vicissitude of life?

De Sales v Ingrilli

222

Jobling v Associated Diaries judgment

Even if C hadn't been injured, wouldn't have been able to work in future anyway

223

what are the two ways to value FAA 1976 damages?

Multiplier method or periodical payment

224

What Act blocked claims for 'loss of expectation of life'?

Administration of Justice Act 1934

225

Twins, arm up and dead

Kralj v McGrath

226

lewis on periodical payments

They influence bargaining positions but are 'politically driven' in favour of short-term G interests

227

What is the multiplicand/multiplier method?

Calculation of number of years loss will continue x annual loss C will suffer

228

When did LC say re-partnering will be considered under FAA 1976?

For child dependant claim if surviving spouse is remarried or engaged to be

229

S.1 FAA 1976

Exhaustive list of 'dependants'

230

Illness AND injury

Jobling v Associated Diaries

231

Thompson v Commissioner of Police for the Metropolis on EDs

Rarely less than £5,000, and £50,000 is the maximum

232

Lim Po-Choo v Camden & Islington judgment

Awarded £20,000, confirming West

233

What case enforced that there is no claim under aggravated damages for feelings already covered under basic damages?

Rowlandson v Merseyside

234

Hicks v South Yorkshire Police judgment

No award for fear, suggesting de minimis requirement for pain and suffering, and compensation very small if death quick

235

Morton v Portal

C's preference is not determinative for s.2(1) DA96

236

Kuddus v Chief Constable of Leicestershire per Lord Scott on ED payable by G

No longer needed given 'great developments' in public law and JR

237

Jobling v Associated Diaries general

Illness AND injury

238

Administration of Justice Act 1982 amended what Act

LR(MP)1934

239

Why did Lord Woolf reject emphasis on certainty in non-pecuniary loss awards?

Courts should constantly review level of damages awarded

240

What Act preceded the FAA 1976?

Lord Campbell's Act in 1846

241

De Sales v Ingrilli

Re-partnering considered under vicissitude of life in HC of Oz

242

what are contemptuous damages?

Court expressed disapproval of C's technical legal victory through damages

243

Kralj v McGrath general

Twins, arm up and dead

244

What Commission was struck by the high cost of compensation for non-pecuniary loss?

Pearson Commission

245

2.5 times national average

Cassell v Riverside HA

246

What case was supportive of specific 'vindicatory damages'?

Ashley v Chief Constable of Sussex Police

247

What case recognised the lost years issue with the multiplier method?

Pickett v British Rail Engineering

248

Aunt and uncle, 3 kids

R v Criminal Injuries Compensation Board, ex p K

249

Rookes v Barnard general

Starting point for exemplary damages

250

Royal Commission

Suggested 3 purposes of non-pecuniary loss award

251

Lord Hailsham LC in Cassell v Broome

'intrinsically impossible task' to put a figure on each non-pecuniary claim

252

What case stated that it is no concern of the court the use of the money awarded for non-pecuniary loss?

West & Son v Shephard

253

Name three cases considering factors evaluated for FAA 1976 award

Owen v Martin; De Sales v Ingrilli; ex p K

254

Name at least three reasons why the Law Commission were particularly in favour of periodical payments

Clean break can still be achieved, reflects compensatory element, places risks on D and allows effective cost-management of awards

255

What are the conditions for a variable order under Damages (Variation of Periodical Payments) Order 2005?

Initial agreement specified to be variable, and change foreseen and specified

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