Eduqas A-Level Law A150QS
Parliamentary and European Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
The Civil Courts and Civil Process
The Criminal Process
Legal Personnel
Access to Justice and Funding
Contract: Rules and Theory of Contract LawContract
Contract: Essential Requirements and FormationContract
Contract: Express and Implied TermsContract
Contract: Misrepresentation and Economic DuressContract
Contract: Discharge of ContractContract
Contract: RemediesContract
Tort: Rules and Theory of Tort LawTort
Tort: NegligenceTort
Tort: Occupiers' LiabilityTort
Tort: Torts Connected to LandTort
Tort: Vicarious LiabilityTort
Tort: Defences and RemediesTort
Criminal Law: Rules and TheoryCriminal
Criminal Law: General Elements of LiabilityCriminal
Criminal Law: Offences Against the PersonCriminal
Criminal Law: Property OffencesCriminal
Criminal Law: Capacity DefencesCriminal
Criminal Law: Necessity Defences and Preliminary OffencesCriminal
Human Rights: Rules and TheoryHuman rights
Human Rights: Protection of Rights and Freedoms in the UKHuman rights
Human Rights: Convention ProvisionsHuman rights
Human Rights: Restrictions on Convention RightsHuman rights
Human Rights: EnforcementHuman rights
Human Rights: ReformHuman rights
Tort: Defences and Remedies
Assessing personal injury damages and mitigation of loss
- 3 things to know
- Components 2 and 3
Overview
Multiplicand in a claim for future loss of earnings, periodical payments order and advantages of periodical payments over a lump sum.
What you need to know
Answer each one before you reveal it.
How is an award for personal injury divided up?
How are damages for pain, suffering and loss of amenity assessed?
Questions from this subtopic
Each one with the model answer underneath.
- 1
How is an award for personal injury divided up?
Model answer
An award for personal injury divides into special damages up to trial and general damages for the future. Each head of loss is calculated separately and then added together.
- 2
How are damages for pain, suffering and loss of amenity assessed?
Model answer
A court assesses pain, suffering and loss of amenity using the Judicial College Guidelines. Comparable decided cases are also used, and the award reflects the severity and duration of the injury.
- 3
What is the multiplicand in a claim for future loss of earnings?
Model answer
The multiplicand is the claimant's annual net loss of earnings. The figure is what the claimant would have earned, less anything that can still be earned.
- 4
What is the multiplier?
Model answer
The multiplier is the number of years of future loss, adjusted for the early receipt of the money. Actuarial tables are used to arrive at the figure.
- 5
Why is the multiplier not simply the number of years of loss?
Model answer
A lump sum received today can be invested and will earn a return. The multiplier is discounted so that the claimant is not over-compensated.
- 6
Who sets the discount rate, and under what power?
Model answer
The Lord Chancellor prescribes the discount rate under the Damages Act 1996. The rate in England and Wales was set at minus 0.25 per cent in 2019 and raised to plus 0.5 per cent from 11 January 2025.
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