Remedies in tort

What "Remedies in tort" covers

• Compensatory damages restore the claimant to their pre-tort position (Livingstone v Rawyards Coal).
• Damages are split into special damages (quantifiable past losses) and general damages (future and non-pecuniary losses).
• In personal injury claims general damages include pain, suffering and loss of amenity, alongside loss of earnings and care costs.
• The claimant must mitigate their loss and cannot recover for losses reasonably avoidable.
• Damages are generally assessed once and for all as a lump sum, subject to statutory periodical payment options.
• Prohibitory and mandatory injunctions restrain or require conduct, principally in nuisance, and are discretionary.
• Damages may be awarded in lieu of an injunction, guided by the Shelfer factors as reconsidered in Coventry v Lawrence.

Key cases & statutes

The authorities and provisions most likely to matter for this subtopic:

How it's tested in SQE1

SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For remedies in tort, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.

Where candidates lose marks

• Forgetting the duty to mitigate when calculating recoverable loss.
• Assuming an injunction is available as of right rather than being discretionary.
• Overlooking the once-and-for-all lump-sum rule and the availability of damages in lieu of an injunction.

FAQ

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