Worked example 1

After a negligent road accident, Kai suffers a broken leg, resulting in six months off work where he lost £24,000 in earnings. His pre-trial medical costs were £3,000. He also suffers from ongoing noise from a neighbour's illegal extension (nuisance). Advise on the tort remedies available to Kai.

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1. Claim against the Negligent Driver:

Kai can claim compensatory damages based on the principle of restitutio in integrum.

Special Damages (Pecuniary loss pre-trial): These must be specifically pleaded and proved.

Lost earnings (6 months): £24,000
Past medical costs: £3,000
Total Special Damages: £27,000

General Damages (Losses not precisely calculable):

Non-Pecuniary Loss: For the pain, suffering, and loss of amenity (PSLA) from the broken leg. The court will assess this amount by referring to judicial guidelines (Judicial College Guidelines) and precedent cases for similar injuries.
Future Pecuniary Loss: If the leg injury permanently affects his future earning capacity, a claim for future loss of earnings would be calculated using the multiplier/multiplicand method.

Potential Deduction: If Kai was contributorily negligent (e.g., not wearing a seatbelt), his damages would be reduced under the Law Reform (Contributory Negligence) Act 1945, as per the principles in Froom v Butcher.

2. Claim against the Neighbour (Private Nuisance):

Injunction: As the noise is ongoing, damages may be an inadequate remedy. Kai could seek a prohibitory injunction to stop the noise. The court will weigh the competing interests, as seen in Coventry v Lawrence.
Damages: Kai can also claim damages for the loss of amenity (enjoyment of his property) caused by the noise up to the date the injunction is granted.

Worked example 2

Priya, a 30-year-old accountant earning £50,000 net per year, is severely injured in a factory accident due to her employer's negligence. The trial takes place two years after the accident, at which point she is 32. Her injuries mean she can never work again and will require lifelong care costing £80,000 per year. Her pre-trial medical and travel expenses total £15,000. Calculate the likely damages award.

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The court will calculate damages under two main heads:

1. Special Damages (Pre-Trial Pecuniary Loss) These are quantifiable losses from the accident date to the trial date.

Pre-trial loss of earnings: £50,000/year × 2 years = £100,000
Other specified expenses: Medical and travel costs = £15,000
Total Special Damages = £115,000

2. General Damages (Future Loss & Non-Pecuniary Loss)

Pain, Suffering and Loss of Amenity (PSLA): This is a non-pecuniary award. For severe, life-altering injuries, the court would refer to the Judicial College Guidelines and comparable cases. A figure in the region of £250,000 might be awarded (this is an estimate for calculation purposes).
Future Loss of Earnings (Pecuniary): Calculated using the multiplier/multiplicand method.
- Multiplicand: Net annual loss of earnings = £50,000
- Multiplier: Priya is 32. Assuming a retirement age of 67, the period of loss is 35 years. The Ogden Tables provide an adjusted multiplier for a 32-year-old female to age 67, which might be approximately 25.16. (This figure accounts for the discount rate and other contingencies).
- Calculation: £50,000 × 25.16 = £1,258,000
Future Cost of Care (Pecuniary):
- Multiplicand: Net annual cost of care = £80,000
- Multiplier: This is for Priya's whole life expectancy. The Ogden Tables would provide a whole-life multiplier for a 32-year-old female, which might be approximately 30.5.
- Calculation: £80,000 × 30.5 = £2,440,000

Total Award Calculation:

Special Damages: £115,000
General Damages (PSLA): £250,000
General Damages (Future Earnings): £1,258,000
General Damages (Future Care): £2,440,000
Total Estimated Damages = £4,063,000

Note: The court may order the future care costs and/or loss of earnings to be paid as periodical payments rather than a lump sum.

Remedies — practice questions

Worked example 1

Worked example 2