PSLA Definition

GLOSSARY

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What does PSLA mean?

General damages are awarded for physical and/or psychiatric injury and encompass suffering from the past, present and future. One overall sum is awarded although the damages may be divided into two elements: pain and suffering and loss of amenity (this is the reduction in the ability to perform everyday tasks)

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Calculating past loss of earnings—checklist

Calculating past loss of earnings—checklist Claims for loss of earnings are common in personal injury claims and are often the largest head of damages. A claimant must suffer physical or psychiatric/psychological injuries to give them a cause of action in negligence, on the basis of which they can claim damages for consequential loss of earnings suffered by them. This Checklist outlines the considerations to take into account when valuing past loss of earnings. For valuing general damages/pain and suffering, loss of amenity (PSLA), see: Valuing general damages—checklist. Considerations Details Potential evidence Further reading 13-week approach For claimants in steady work, the pre-accident net earnings are calculated by reference to the average over the last three months or 13 weeks preceding the accident. • 3 months/13 weeks of payslips Past loss of earningsEarnings: Butterworths Personal Injury Litigation Service, paras [1303]–[1366] Alternative approach If an average based on the preceding 13 weeks is not appropriate/representative, eg for seasonal work, variable earnings, bonuses, one or more weeks were exceptional, holiday or overtime,...

The RTA small claims protocol—key features checklist

The RTA small claims protocol—key features checklist The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol) applies to accidents which occurred on or after 31 May 2021. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of general damages for pain, suffering and loss of amenity (PSLA) (subject to exceptions set out in CPR 26.10 and CPR 26.11). The RTA Small Claims Protocol applies where a claimant who has suffered personal injuries (including but not limited to whiplash injuries) because of a road traffic accident wishes to make a claim for compensation and the amount claimed for their injuries is not more than £5,000 and for their overall claim is not more than £10,000. Key feature CPR section Detail Further information Aims of the Protocol Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents, para 3.1 The aims of...

Quantum database general damages uplifts—flowchart

Quantum database general damages uplifts—flowchart This flowchart explains the figures in the General Damages (PSLA) Today’s Value field. As well as inflation, this field takes into account the Heil v Rankin ([2000] 3 All ER 138) uplift and/or the Simmons v Castle ([2012] EWCA Civ 1288) uplift, where they are relevant. This ensures that the General Damages (PSLA) Today’s Value field provides practitioners with an accurately updated general damages figure. Note: The Simmons v Castle uplift has not been added

Recovery of social security benefits

Recovery of social security benefits This Practice Note outlines the recovery system which applies where a claimant has received state benefits as a result of an accident, injury or disease. The Department for Work and Pensions (DWP) recovers these benefits from the compensator via the Compensation Recovery Unit (CRU). In certain circumstances the compensator may be entitled to recoup certain benefits against certain types of loss to avoid double compensation. It considers the procedure followed in cases involving contributory negligence, multiple compensators, interim payments and periodical payments. The recovery system A claimant will often receive state benefits as a result of an accident, injury or disease. DWP operates a system for recovering these benefits from the compensator (either the defendant or, in most cases, the defendant’s insurer) via the CRU. A compensator who makes a compensation payment in any case is liable to pay an amount equal to the total amount of the recoverable benefits. The compensator is in turn entitled to recoup certain benefits against three types of...

Discover our 35 Practice Notes on PSLA

Schedule of loss—multi track

Schedule of loss—multi track [IN THE COUNTY COURT AT [INSERT] OR IN THE HIGH COURT OF JUSTICE] [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No: Between [Insert name] Claimant and [Insert name] Defendant ________________________________________________ SCHEDULE OF LOSS CALCULATED TO [INSERT DATE OR INSERT THE DATE OF TRIAL] ________________________________________________ STOP PRESS: The Lord Chancellor has announced that the discount rate will increase from minus 0.25% to positive 0.5% on 11 January 2025. This Precedent will be updated with the new rate of positive 0.5% on 11 January 2025. The Claimant reserves the right to alter, amend or add to this schedule at any time up to and including trial. A. BACKGROUND DATA Claimant’s date of birth: [insert date of birth eg 25 August 1986] Date of accident: [insert date of accident eg 16 April 2018] Claimant’s age at accident: [insert age eg 31] [Date of schedule OR trial]: [insert date schedule was drafted or the date of the trial eg 25 August 2020] Claimant’s age at date of...

Schedule of loss—low multi-track

Schedule of loss—low multi-track [IN THE COUNTY COURT AT [INSERT] OR IN THE HIGH COURT OF JUSTICE] [[SPECIFY DIVISION]] [[SPECIFY SPECIALIST COURT]] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No: BETWEEN [A B] Claimant and [X Y] Defendant ________________________________________________ SCHEDULE OF LOSS ________________________________________________ The Claimant reserves the right to alter, amend or add to this schedule at any time up to and including trial. BACKGROUND DATA Date of Birth 11 July 1981 Date of Accident 21 March 2019 Date of Schedule 21 March 2020 Age at Accident / Schedule 37 / 38 Vocation Launderette Assistant Date Claimant ceased work 29 October 2019 1 GENERAL DAMAGES 1.1 The Claimant relies upon the report of Mr M. Cornetto, Consultant Orthopaedic Surgeon, dated 13 December 2019. 1.2 The effect of the accident has been to bring forward the natural effects of the Claimant’s pre-existing degenerative condition in her lumbar spine by between 2 and 4 years. 1.3 During the period of acceleration, the Claimant’s ability to work is significantly limited, as...

Dive into our 3 Precedents related to PSLA

A attacks B and causes B to sustain serious physical injuries. In terms of the civil cause(s) of action available, would the claimant’s claim be for damages for personal injury or alternatively damages in the tort of battery? Would there be any other civil remedies? Surely, a personal injury claim essentially is founded in the tort of negligence but A has not been negligent.

A attacks B and causes B to sustain serious physical injuries. In terms of the civil cause(s) of action available, would the claimant’s claim be for damages for personal injury or alternatively damages in the tort of battery? Would there be any other civil remedies? Surely, a personal injury claim essentially is founded in the tort of negligence but A has not been negligent. The issue here is between ‘a claim for personal injuries’, and ‘a claim in negligence or in battery’, which is itself a confusion between a form of damage (and its remedies) on the one hand, and a cause of action on the other. ‘Personal injury’ is not a tort—it is a sort of damage resulting from a tort, which gives rise to a legal right to a remedy. It is to be contrasted with other physical damage—or example, to property, and other forms of tortious interference with a person’s rights (for example, the damage to one’s reputation that results from the tort of...

How is an award for loss of amenity valued? Do judges apply an uplift? Is there a percentage based on the severity, or is it discretionary basis?

How is an award for loss of amenity valued? Do judges apply an uplift? Is there a percentage based on the severity, or is it discretionary basis? Pain, suffering and loss of amenity The aim of the award for pain, suffering and loss of amenity is to provide fair, just and reasonable compensation for the non-pecuniary injury that has been sustained by a claimant; see Practice Note: Pain, suffering and loss of amenity (PSLA). Where there is permanent injury, the damage to be assessed may include, among other elements, loss of the joys of life, such as sports, recreation, music or the mere ability to walk about. See: The elements of a claim for pain, suffering and loss of amenity: Munkman on Damages for Personal Injuries and Death [6.10]. The quantification of general damages was considered by Lord Roche in Rose v Ford as follows: ‘If there is loss of amenity apart from the obvious and normal loss inherent in the deprivation of the limb-if,...

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PLSA responds to call for evidence for the Pensions Investment Review

The Pensions and Lifetime Savings Association (PSLA) has published its response to the call for evidence for the Pensions Investment Review. The response states that pension fund consolidation is beneficial, but should form part of a broader strategy for growth. It states that a properly structured system with 'fewer, larger pension schemes has the potential to deliver more diverse capital allocation across private and public markets, strong governance and oversight, the ability for schemes to negotiate more favourable costs and charges, greater investment expertise and better services for members, including improved communications and sophisticated procurement methods.' The PSLA makes recommendations for intervention which will lead to higher investment, including establishing a pipeline of investable assets, the government providing fiscal and investment incentives, consolidating investments and setting out a clear plan for the future of the economy.

Private Client weekly highlights—18 July 2024

This week’s edition of Private Client highlights includes: (1) a judgment by the Court of Protection on the best interests of a patient, (2) analyses of the King’s Speech, (3) updates to the HMRC Manuals this week, (4) new content published this week, and (5) our ‘Question of the week’.

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GLOSSARY

PSLA definition

What does PSLA mean?

View the related checklists about PSLA

Calculating past loss of earnings—checklist

The RTA small claims protocol—key features checklist

View the related practice notes about PSLA

Quantum database general damages uplifts—flowchart

Recovery of social security benefits

View the related precedents about PSLA

Schedule of loss—multi track

Schedule of loss—low multi-track

View the related q&as about PSLA

How is an award for loss of amenity valued? Do judges apply an uplift? Is there a percentage based on the severity, or is it discretionary basis?

View the related News about PSLA

PLSA responds to call for evidence for the Pensions Investment Review

Private Client weekly highlights—18 July 2024

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GLOSSARY

PSLA definition

What does PSLA mean?

View the related checklists about PSLA

Calculating past loss of earnings—checklist

The RTA small claims protocol—key features checklist

View the related practice notes about PSLA

Quantum database general damages uplifts—flowchart

Recovery of social security benefits

View the related precedents about PSLA

Schedule of loss—multi track

Schedule of loss—low multi-track

View the related q&as about PSLA

How is an award for loss of amenity valued? Do judges apply an uplift? Is there a percentage based on the severity, or is it discretionary basis?

View the related News about PSLA

PLSA responds to call for evidence for the Pensions Investment Review

Private Client weekly highlights—18 July 2024

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