Question 1

Are damages in tort meant to punish the defendant?

Accepted Answer

Generally, no. The primary purpose of damages is compensation (*restitutio in integrum*). The main exception is exemplary (or punitive) damages, which are very rarely awarded in specific circumstances (e.g., oppressive government action) to punish the defendant, as outlined in *Rookes v Barnard*. For most torts, like negligence, the focus is solely on compensating the claimant's loss.

Question 2

Why isn't a claimant simply awarded their full annual salary for every year until retirement for future loss of earnings?

Accepted Answer

The court must adjust the total sum to be fair. Firstly, it accounts for the 'vicissitudes of life'; the claimant might have faced redundancy or illness for reasons unrelated to the tort. Secondly, it accounts for 'accelerated receipt'; receiving a lifetime of earnings as a single lump sum allows the claimant to invest it. Therefore, the total award is discounted using an adjusted 'multiplier' from the Ogden Tables to reflect these factors.

Question 3

What happens if a claimant refuses medical treatment that could help them recover?

Accepted Answer

This relates to the duty to mitigate loss. If a claimant unreasonably refuses medical treatment that would likely improve their condition and reduce their financial loss, the court may reduce their damages award. The court will not award damages for losses that could have been reasonably avoided. The key word is 'reasonable' – a claimant would not be expected to undergo highly risky or experimental surgery.

Question 4

Can a court force a claimant to accept periodical payments instead of a lump sum?

Accepted Answer

Yes. The Damages Act 1996 (as amended by the Courts Act 2003) gives courts the power to impose periodical payments for future pecuniary loss, such as care costs or lost earnings, even if one of the parties does not consent. This is done to ensure the claimant has a secure, lifelong income stream to meet their needs.

Remedies

What you need to know

Remedies