General damages meaning

Checklist This checklist sets out the matters a practitioner ought to weigh when assessing general damages. It reviews various heads of damage, such as pain, suffering and loss of amenity (PSLA), Smith v Manchester awards, loss of congenial employment, loss of use, holiday disruption, harm to relationships, reduced marriage prospects, aggravated damages, unnecessary treatment, fatal accidents, and interest. PSLA Pain and suffering reflect the claimant’s personal, subjective experience. Loss of amenity denotes a diminished capacity to carry out ordinary activities. Damages can be granted for physical and/or psychiatric injury and cover distress in the past, present, and future. There is no precise formula for valuation in these assessments of such claims...

The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol) is engaged for collisions taking place on or after 31 May 2021. For RTA personal injury matters, the small claims track cap for general damages—covering pain, suffering and loss of amenity (PSLA)—now stands at £5,000, save for exceptions in CPR 26.10 and CPR 26.11. The protocol is intended for situations where a person has sustained injuries in a road traffic accident (including, though not confined to, whiplash) and wishes to pursue compensation, provided the sum claimed for the injury does not exceed £5,000 and the value of the case does not exceed £10,000. It operates for claimants pursuing personal injury compensation from RTAs within these injury and overall value limits. For additional guidance on using the RTA Small Claims Protocol, consult Practice Note: The road traffic accident small claims protocol...

A checklist to capture instructions from either a franchisor or a franchisee in relation to a proposed franchise agreement, covering parties, general matters and background. PARTIES Full legal name and full postal address of the franchisor If the franchisor is a limited company, please state its registered office address, company registration number and accounting reference date If the franchisor is not incorporated, on what date are its accounts prepared each year? Will franchisees operate as sole traders, traditional partnerships, LLPs, or limited companies? Is a guarantor required for the franchisees’ obligations under the agreement? Where franchisees are companies, does the franchisor insist on a personal guarantee from the principal shareholder, to secure recovery of any potential losses or damages? Must the franchise be owner-run, or is it intended as a management model? GENERAL Brief outline of the franchisor’s business, and the proposed franchise activity if different For how long has the franchisor carried...

This diagram clarifies numbers shown in the General Damages (PSLA) Today’s Value box...

Legal Issues General comments This Checklist highlights the principal provisions and matters to consider when drafting and negotiating time of the essence clauses. What to watch out for For a Precedent time of the essence clause with comprehensive drafting notes, see Precedent: Time of the essence clause. For guidance on time of the essence, the exceptions to the general rule, and practical considerations for customers and suppliers, see Practice Note: Time of the essence. Nature of the term: condition, innominate term or warranty Time is of the essence where the parties expressly state that time will be of the essence. If time is of the essence, delay may entitle a party to terminate the contract and to claim damages. Without express wording, time will be of the essence only if it is a condition of the contract. Where the timing provision is interpreted as an innominate term or a warranty, the remedy is generally confined to damages, unless the breach is very serious or...

The flowchart below summarises the key steps required in order for an employer to be able to claim or deduct liquidated damages under the JCT Design and Build Contract 2024 While it concentrates on liquidated damages for delay in finishing the Works, the identical procedure equally applies to cases of late completion of a Section. Importantly, under the JCT Design and Build Contract 2024, if the contract ends before the Works are complete, the Employer may recover liquidated damages only up to the termination date, and general damages for any ensuing delay thereafter, rather than further liquidated damages for that period instead. For details, refer to Practice Note: JCT contracts—time—Liquidated damages and termination...

Antitrust Court of Justice dismisses appeal relating to the calculation of the fine in the pre-stressing cartel case The Court of Justice has delivered its ruling in Case C-70/23, Westfälische Drahtindustrie and Others v Commission, on an appeal brought against the General Court’s judgment in Case T-275/20. That judgment had rejected an action seeking annulment of the Commission’s decision of 30 June 2010, as later amended on 30 September 2010, in the pre-steel cartel matter (AT.38344) (the Commission’s 2010 decision). In 2010, the Commission imposed fines on Westfälische Drahtindustrie GmbH (WDI) and Westfälische Drahtindustrie Verwaltungsgesellschaft mbH & Co. KG (WDV), holding WDI jointly and severally liable with WDV and Pampus, for their participation in a cartel covering the supply of pre-stressing steel. On 15 July 2015, the General Court dismissed an appeal against the Commission’s 2010 decision (the General Court’s 2015 judgment). While it considered that the Commission had erred in its assessment of arguments on ability to pay, the General Court, exercising its unlimited jurisdiction, concluded...

In this issue Key DR developments Claims and remedies Costs and funding Litigation Applications—general Evidence and disclosure Appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR Committee minutes Minutes of the CPR Committee meeting—6 June 2025: The Civil Procedure Rule Committee met on 6 June 2025 in a hybrid session at The Rolls Building (Royal Courts of Justice) and via video conference. The minutes confirm a forthcoming CPR 51 pilot enabling non-parties to obtain court documents, arising from the Supreme Court ruling in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38. They also record approved amendments to the e‑working pilot, progressing towards a permanent electronic filing system as part of ongoing court modernisation. Further topics included summary assessment of costs, arbitration updates, disclosure, civil restraint orders, closed material procedures, judicial review reforms for infrastructure projects, whiplash reforms, digital services and other procedural...

In this issue: UK mergers UK private actions UK market investigations EU antitrust EU State aid Daily and weekly news alerts LexTalk®Competition: a Lexis®Nexis community New and updated content Caselex UK mergers The CMA has issued its final positions following reviews of three sets of merger remedies and a single market investigation order: discharge undertakings in lieu of reference from August 2011 linked to Acergy SA’s acquisition of Subsea 7 Inc discharge undertakings in lieu of reference from August 2008 relating to Home Retail Group plc’s purchase of 27 leasehold properties from Focus (DIY) Ltd discharge undertakings dating from February 2002 by Lloyds TSB Group plc concerning its acquisition of Abbey National plc revoke the Energy Market Investigation (ECOES/DES) Order 2016 The CMA determined that, due to changes in circumstances, all of the relevant remedies are no longer suitable and should therefore be released (for the undertakings)...

This Practice Note This Practice Note examines the Limitation Act 1980 (LA 1980) and sets out the periods within which claimants are permitted to start different kinds of claims. As a rule, any proceedings begun after the relevant limitation window has ended will be statute-barred, affording the defendant a complete defence. It further describes, for personal injury matters, the general principles on when time begins to run, the notion of date of knowledge, and when a court may lift the limitation bar. It also contains a practical checklist of personal injury actions that sit outside the standard three-year time limit. LA 1980 prescribes the statutory deadlines within which claimants may pursue various categories of claims. Those limits define the period within which such claims must properly be started. Broadly, a defendant will enjoy a full defence to any proceedings issued (see further below: ‘When is a claim brought?’) after the expiry of the applicable period. Once the pertinent time limit has elapsed, the claim is treated as statute-barred. The...

This Practice Note examines matters concerning interest in the context of foreign currency claims. It addresses seeking interest on claims stated in a foreign currency, issues where the substantive law is a foreign law, and interest on judgment debts expressed in a foreign currency. For guidance on foreign currency claims, see Practice Note: Foreign currency claims. For guidance on foreign currency aspects of costs orders and interest on costs, see Practice Note: Cross-border disputes—costs considerations. For general guidance on: interest, see Practice Notes: Claiming interest and Claiming interest—compound interest judgment debt, see Practice Note: Interest on judgment debts Pleading interest Where a claim is advanced in a foreign currency, interest can be sought by reference to the applicable foreign rate. For the court to apply that foreign rate, it must: be pleaded in the particulars of claim (see Practice Note: Claiming interest—Pleading interest in the claim form and particulars of claim), and be proved by evidence, unless admitted...

CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 14 March 2019 and is no longer updated. For more, see the timeline, commentary, and related/relevant cases. Case facts Outline Case C‑724/17 Vantaan Kaupunki v Skanska Industrial Solutions and others – a preliminary reference from Finland asking whether, in a damages action, a company that has carried on the economic activity of a cartel member can be held liable for infringing Article 101 TFEU. Latest developments On 6 February 2019, Advocate General Wahl issued his opinion, concluding that Article 101 TFEU should be interpreted so that, when determining who is liable to pay damages for harm caused by a breach of Article 101 TFEU, the principle of economic continuity applies. Accordingly, in a private damages claim before a national court, a claimant may seek compensation from a company that has continued the economic activity of a cartel participant. Parties Vantaan kaupunki Skanska...

1 Definitions Within this Agreement, certain expressions carry specific meanings. Illustrative terms include: AA 2020: the Agriculture Act 2020; ATA 1995: the Agricultural Tenancies Act 1995 Adjoining Property: Retained Land and nearby premises; Adjoining Property Rights: rights over the Holding benefiting such land Agreement: this instrument and any supplementary or collateral document Annual Rent: yearly sum payable from the Rent Commencement Date on Rent Days Authority: any statutory, public or local body, court, government department or duly authorised officers Conduits: media and equipment for carrying energy, data or substances Costs: losses, expenses, damages and liabilities Direct Payment: any BPS Payment or SFS Payment, as applicable Eligible Holding: parts of the Holding qualifying for a Rural Support Payment Forfeiture Event: designated insolvency processes, non-payment, or breach Genetically Modified Organisms: as defined by the Environmental Protection Act 1990, including modified or derived crops Holding: the identified property shown on the Plan Insured Risks: perils the Landlord...

[ To appear on the claimant’s solicitors’ headed paper ] Our ref: [ insert your file reference for this matter ] For the attention of [ RELEVANT NAME ] [ NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN ][ ADDRESS LINE 1 ][ ADDRESS LINE 2 ][ POSTCODE ] [ DATE ] Dear [ insert organisation name ] LETTER OF CLAIM Re: [ PROSPECTIVE CLAIMANT’S NAME ] and [ PROSPECTIVE DEFENDANT’S NAME ] [ We refer to our previous letter dated [ insert date of previous correspondence ] ]. [ As you are aware, we OR We ] represent [ insert client’s full name ], of [ insert full address ]. This correspondence constitutes our client’s letter of claim, issued in line with the Practice Direction Pre-Action Conduct and Protocols within the Civil Procedure Rules (the ‘Practice Direction’), and a copy is enclosed for ease of reference. Please note the concluding section of this letter, which specifies the deadline by...

[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ SPECIFY DIVISION ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: Between [ Insert name ] Claimant [ (a protected party by [ insert litigation friend’s name ], [ his OR her ] litigation friend and [ insert family relation eg wife ]) ] and [ Insert name ] Defendant Schedule of Loss CALCULATED TO [ insert date OR insert the date of trial ] The Claimant retains the right to revise, vary, or add to this schedule at any time up to and including trial. A. BACKGROUND DATA Claimant’s date of birth: [ insert date of birth ] Date of accident: [ insert date ] Key medical milestones, for example discharge from hospital or surgery: [ insert date ] Date of [ termination of employment OR return to work ]: [ insert...

Under section 40B of the Landlord and Tenant Act 1954 (LTA 1954) Where a person is served with a notice under LTA 1954, s 40 and does not meet the obligation to supply the information requested and required, section 40B of the Landlord and Tenant Act 1954 allows them to be the subject of civil proceedings for breach of statutory duty; in those proceedings the court may require that individual to duly perform the duty and can also grant damages as well. See also: Duties of tenants and landlords to give information to each other; in general: Halsbury's Laws of England [1595]. A breach of statutory duty is a standalone tort recognised at common law, in respect of which the...