Tort Damages Issues II
General and Special Damages
The general principle of damages is that the plaintiff should be put in the same position in so far as money can do so, in which he would have been, but for the wrong.… Read the rest
Civil Claims
Tort Damages Issues I
Proving Loss
A person who claims damages must prove the fact and amount of damages on the balance of probabilities. The nature of the damage will determine the degree of certainty and particularity with which it must be proved.… Read the rest
The Injuries Board / Costs
Injuries Board
The Personal Injuries Assessment Board Act 2003 and the Civil Liability and Courts Act 2004 made fundamental changes to the procedures for the recovery of compensation in personal-injury cases. It reformed the law and practice for personal-injury claims and litigation. … Read the rest
Tax Interest & Currency
Tax and Taxability
At common law awards of damages were not reduced or adjusted on the basis of the taxation effect. The issue of taxation arises in relation to a loss for which damages are awarded, which would otherwise be subject to tax, but where the damages awarded are not themselves subject to tax.… Read the rest
Substitution & Tracing
Where an asset is simply taken, it is recoverable under the law of conversion and detinue. This protects the property rights of the owner. This is not restitution in the strict sense. The right to recover the asset holds good against all third parties, other than those who have a better title.… Read the rest
Subrogation
Nature
Subrogation is an equitable principle (and remedy) which arises where a person has conferred a benefit on another in circumstances where that person has received an unjust enrichment. It most commonly creates an entitlement by operation of law, for a party who discharges another’s debt or obligations, to enforce the rights and interests held by a third person in respect of that obligation against that other.… Read the rest
Stress
Cases on Stress I
A number of cases have been successfully taken in the UK and Ireland, for the consequences of stress. The leading UK case involved a nervous breakdown brought on by overwork. The employer had failed to take steps to reduce the workload or provide the appropriate support.… Read the rest
Statutory Duties
Negligence and Statutory Duty
Where there has been a workplace accident, the employer may be liable to compensate the employee on the basis of negligence and / or breach of a specific statutory duty. Both are often claimed together or in the alternative.… Read the rest
State Actors
Historical Immunity of the State
At common law, the King / Crown represented the State and was immune from private civil claims. It was a principle that the King could do no wrong and was immune from suit in the courts, which were constituted is his name.… Read the rest
Specific Performance
General
A Specific Performance Order is an order to perform a contract. As with an Injunction, it is an equitable remedy. It is the type of remedy originally granted by the Chancery Court. It is now available in the higher Courts. … Read the rest