Damages Definition

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GLOSSARY

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What does Damages mean?

The monetary compensation awarded by law to a person for the legal wrong done to him.

In the absence of special circumstances, damages are awarded to compensate a claimant, not to punish a defendant.

View the related checklists about Damages

MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Checklist—The Diffuse Mesothelioma Payments Scheme

Checklist—The Diffuse Mesothelioma Payments Scheme This Checklist outlines the key aspects of the Diffuse Mesothelioma Payments Scheme which was set up in July 2014 to make payments to victims of mesothelioma who are unable to trace either a liable insurer or their employers’ liable insurer. The key aspects of the Diffuse Mesothelioma Payments Scheme are: Provision The law The detail Comment Eligible applicants Section 2 of the Mesothelioma Act 2014 (MA 2014) A claimant is eligible for payment if 'a relevant employer has negligently or in breach of statutory duty caused or permitted the person to be exposed to asbestos'The claimant must not have already brought a claim for damages against an insurer or employerThey must be 'unable to bring an action' because the employer or insurer 'cannot be found or no longer exists or for any other reason'The claimant must not have received damages or 'a specified payment' or be entitled to received such a payment in respect of their mesothelioma This eligibility criteria can be problematic for...

Other heads of general damages

General damagesThis Practice Note reviews other commonly claimed heads of general damages such as loss of the use of a vehicle damaged in an accident, disruption to a specific holiday, loss of marriage prospects, aggravated damages and damages for unnecessary medical treatment.General damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation. For a more detailed definition, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages?—terminology explained.The most common and important item of general damages is the award for pain and suffering and loss of amenity (PSLA). Within the general damages head of loss, there are additional awards that can fall within this category including:•handicap on the open labour market (Smith v Manchester Award)•loss of congenial employment•loss of use•loss of enjoyment of a holiday•marriage breakdown or loss of marriage opportunities•aggrevated damages•unnecessary medical treatment•all future pecuniary loss, eg future loss of earnings. For further detail on future loss, see Practice Notes: Future loss of earnings—personal injury claims, Loss...

Quantifying damages for dependants—apportioning damages and disregarding financial or other benefits

Apportioning damagesAlthough all of the dependants’ claims are brought before the court in a single action, this is done for the sake of procedural/administrative convenience. Each dependant has an individual claim and this means that you will need to calculate their losses independently.Given the fact that multipliers can vary depending on the circumstances of both the deceased and the dependant, the appropriate multiplier may vary between different dependants.What approach will the court take?Usually, a fatal accident claim is brought under both the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) and the Fatal Accidents Act 1976 (FAA 1976). CPR 41.3A means that whenever there is a single sum of money awarded by the court or agreed between the parties in settlement of the case, the court must apportion the damages where there is a claim under:•FAA 1976 and LR(MP)A 1934—the court must apportion the money between the different claims•FAA 1976 and it is made by or on behalf of more than one person—the court must apportion the money between the...

Discover our 3037 Practice Notes on Damages

Property indemnity for a share purchase agreement

Property indemnity clause for insertion into a share purchase agreement Indemnity clause

Indemnity clause—infringement of third party IP rights (consultant appointment)

Indemnity

Dive into our 940 Precedents related to Damages

If administrators of a policyholder did not notify insurers of a claim against the policyholder within the 28-day time limit stated in the policy, can insurers reject cover?

If administrators of a policyholder did not notify insurers of a claim against the policyholder within the 28-day time limit stated in the policy, can insurers reject cover? It is assumed that the claim would otherwise trigger cover under the insurance policy and that it is a liability insurance policy. Under a liability insurance policy, a notification clause is framed as a condition precedent to indemnity under the policy, to allow insurers to investigate the claim at an early stage. In the absence of a clause allowing for extended reporting of claims notifications, an insurer can rely on a breach of a condition precedent to deny liability, regardless of whether insurers have suffered any prejudice. See Practice Note: Liability insurance—notification of claims and circumstances and defence of claims. It should be noted that the purpose of section 11 of the Insurance Act 2015 relates to terms that define the risk as a whole, and it is to prevent insurers from relying on a breach unconnected to the...

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)?

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)? If a worker has not been paid the national minimum wage: • the worker can enforce their entitlement by way of their contract by making a claim for breach of contract or a claim for unlawful deduction from wages • HM Revenue and Customs (HMRC) can enforce the worker's entitlement by issuing a notice of underpayment or suing on the worker's behalf For further information, see Practice Note: National minimum wage, in particular the main sections dealing with Consequences of failure to pay and Enforcement...

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TMT weekly highlights—17 October 2024

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.

Environment weekly highlights—17 October 2024

This week's edition of Environment weekly highlights includes: news analysis on South Lakeland Action on Climate Change—Towards Transition v Secretary of State for Levelling Up, Housing and Communities, in which permission for a proposed ‘net zero’ coal mine was quashed. Friends of the Earth has also confirmed this week that there will be no appeal over the decision. In addition, this week Dan Corry, has been appointed to conduct an internal review of the regulation and regulators within the Department for Environment, Food and Rural Affairs (Defra), the Department for Business and Trade (DBT) has launched a consultation on the development of a new Industrial Strategy, the UN Climate Change (UNCC) has announced the publication of two key standards to operationalise a new UN crediting mechanism ahead of COP29. Further, the Office for Environmental Protection (OEP) has published a report on the drivers and pressures affecting nature in Northern Ireland. DESNZ has published the response to its consultation on the climate change agreement scheme and Defra has published guidance on...

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