Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Damages definition

What does Damages mean? In legal practice, damages are a money award ordered by a court to compensate a claimant (England & Wales, Northern Ireland) or pursuer (Scotland) for loss caused by breach of contract, tort/delict or a statutory wrong. The remedy is developed mainly by case law across the UK and Ireland, with some statutory modification. The aim is primarily compensatory: in tort/delict, to put the person in the position they would have been in but for the wrong; in contract, to protect the expectation interest (and sometimes the reliance interest). Heads of loss include general and special damages (common in personal injury),...

Damages in clinical negligence: practical guidance on causation, PSLA, earnings and pension loss, care, surrogacy, accommodation, Ogden 8, discount rate, PPOs, provisional damages and CRU (England and Wales)

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

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NOTE: On 2 December 2024, the Lord Chancellor confirmed the Discount rate would shift to positive 0.5%, taking effect from 11 January 2025. Schedule A1 to the Damages Act 1996 requires that follow-up reviews occur within five years of the end of the last review, meaning the next review must begin on or before 2 December 2029. This Practice Note considers the common heads of damage in clinical Negligence litigation—pain and suffering, loss of earnings, loss of congenial employment, pensions, and care and assistance. It provides practical tips and also looks at Causation and periodic payments.

Introduction

This Practice Note examines the heads of damage typically advanced in clinical negligence claims. It does not, however, extend to claims under the Fatal Accidents Act 1976 or the Law Reform (Miscellaneous Provisions) Act 1934.

Causation—don’t forget it

Causation is a cornerstone of any personal injury case but can be especially challenging in clinical negligence disputes. Claimants frequently had pre-existing health issues, which is why they sought treatment in the first place. When valuing damages, it will not necessarily be straightforward to attribute all of the claimant’s ongoing medical difficulties...

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Web page updated on 21/05/2026

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