Smith v Manchester award meaning

The nature of the award Where an injured person faces a handicap in the labour market because of a lingering disability caused by their injury, they can seek a head of loss commonly known as a Smith v Manchester award, taking its name from the case that popularised the claim. A Smith v Manchester award is sometimes characterised as compensation for reduced earning capacity. Following an injury, a claimant might resume their previous role on identical pay, or comparable employment on equal or higher wages. In such situations there may appear to be no immediate deficit, yet the claimant could, in fact, still be disadvantaged later; for instance, if they lose their current job, they may struggle to secure employment. A conspicuous eye or hand impairment may invite discrimination, or they may require absences for a painful back or forthcoming surgery. A Smith v Manchester award is ordinarily granted as a separate lump sum. It recognises the risk that future earning prospects are impaired despite current employment continuing on...

General damages General damages encompass non-pecuniary heads of loss, both past and future, which resist exact computation; instead, an appropriate sum is assessed by judgment. In everyday parlance, the expression general damages is often used solely for the award covering pain, suffering and loss of amenity (PSLA), and although this is the most usual head within general damages, it is not the only category. Accordingly, particular care should be taken to ensure both parties involved fully understand precisely what is meant at any given point, especially during the course of settlement negotiations, where clarity about the precise scope is essential. For a more complete explanation, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages?...