ASSESSING DAMAGES: WHY THE JUDGES GO BACK TO BASICS AND THE VERY PRACTICAL CONSEQUENCES

Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE

Recent cases have show that, when faced with difficult issues of calculation in personal injury cases, judges look back at the very basic principles of personal injury damages. These cases show how important the basic principles of personal injury damages are. The multiplicity of tools now available to assess damages can often lead to the most basic, and important, principles of the law of damages being overlooked when preparing for a trial. It is clear, however, that judges often look to these basic principles first when considering a complex assessment of damages.

Here we look at three cases, decided within the past three months, which illustrate the judicial tendency to consider the basic tenets of damages before applying these to the particular facts.

ELLISON -v- UNIVERSITY HOSPITALS OF MORECAME BAY NHS FOUNDATION TRUST

Most recent this can be seen in Ellison -v- University Hospitals of Morecambe Bay NHS Foundation Trust [2015]…

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