Damages in tort and negligence claims


Produced in partnership with Lina Mattsson of Gatehouse Chambers
Practice notes

Damages in tort and negligence claims


Produced in partnership with Lina Mattsson of Gatehouse Chambers

Practice notes
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This Practice Note considers the General Principles of awarding Damages in tort claims, including the compensatory function of damages in tort, the distinction between general and special damages, the availability of exemplary damages (punitive damages) and aggravated damages in tort claims, restitutionary damages and ‘user damages’ in tort, the date and mode of assessment, interest on tortious damages and reducing tortious damages (contributory Negligence and mitigation).

This Practice Note considers the general principles for when an award of damages may be available to remedy a tortious act, including negligence.

For related guidance, see also Practice Notes:

  1. •

    The remedy of damages—general principles

  2. •

    Loss of chance damages

  3. •

    Claiming damages—tort and contract claims compared

This Practice Note does not consider damages in the context of clinical negligence and personal injury claims.

General principles of liability in tort claims

As a general principle, in order for a claimant to successfully claim damages in tort, they must prove on a balance of probabilities that:

  1. •

    the defendant’s conduct did, in fact, cause them the damage, loss

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Jurisdiction(s):
United Kingdom
Related legal acts:
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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