Damages in tort claims—recovery and assessment


Produced in partnership with Lina Mattsson of Gatehouse Chambers
Practice notes

Damages in tort claims—recovery and assessment


Produced in partnership with Lina Mattsson of Gatehouse Chambers

Practice notes
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This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.

For general guidance on damages, see Practice Note: The remedy of damages—general principles.

For guidance on damages for loss of a chance, see Practice Note: Loss of chance damages.

For a summary of the key distinctions between claiming damages in tort compared with claiming damages in contract, see Practice Note: Claiming damages—tort and contract claims compared.

Compensatory function of damages in tort

Damages in tort are in general compensatory, ie they aim (subject to the rules of remoteness and mitigation) to make the claimant whole—ie to put the claimant in the position they would have been in had the tort not been committed—but no more than that.

This applies not only to negligence and similar torts, but also to torts such as conversion and deceit (see Practice Note: The tort of deceit).

However, this general rule is subject to three qualifications:

  1. •

    restitutionary recovery (see below) may be allowed in respect of certain torts to deprive

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Jurisdiction(s):
United Kingdom
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Key definition:
Damages definition
What does Damages mean?

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

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