Jurisdiction(s):
United Kingdom

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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),...

Estate damages under the Law Reform (Miscellaneous Provisions) Act 1934: PSLA pre-death, special damages, funeral expenses, probate cost issues, interest and reasonableness (England and Wales)

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Practice notes

What can be claimed by the Estate under the Law Reform (Miscellaneous Provisions) Act 1934?

The Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) permits the deceased’s estate to recover certain Losses the deceased could have pursued prior to death. The available claims under LR(MP)A 1934 comprise three categories:

General damages reflecting the deceased’s pain, suffering and loss of amenity (PSLA) from the time of injury until death
Special Damages, i.e. financial losses sustained by the deceased between the accident and death (note that the estate cannot claim future loss of earnings under LR(MP)A 1934; this may instead be recoverable under the Fatal Accidents Act 1976 (FAA 1976) as part of a dependency claim—see Practice Notes:
- Claims involving a fatality—heads of damage—FAA 1976—loss of dependency
- Quantifying damages for dependants—future losses
Funeral expenses, provided they were paid by the deceased’s estate

Practical point: only the deceased’s estate can advance a claim for pain, suffering and losses incurred before death; dependants cannot recover these. For further guidance, see Practice Note...

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Web page updated on 21/05/2026

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