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View the related practice notes about Aggravated damages

Drafting the particulars of claim

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance.This Practice Note provides guidance on drafting the particulars of claim for a claim brought under CPR 7. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and filing of statements of case.For information on bringing a claim under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims).Particulars of claim—part of claim form or separate document?If practicable, the particulars of claim should be set out in the claim form (CPR PD 16, para 3.1). They can also be contained in a separate document (CPR 7.4(1)). For information on the correct claim form...

Other heads of general damages

Other heads of general damages General damages This Practice Note reviews other commonly claimed heads of general damages such as loss of the use of a vehicle damaged in an accident, disruption to a specific holiday, loss of marriage prospects, aggravated damages and damages for unnecessary medical treatment. General damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation. For a more detailed definition, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages?—terminology explained. The most common and important item of general damages is the award for pain and suffering and loss of amenity (PSLA). Within the general damages head of loss, there are additional awards that can fall within this category including: • handicap on the open labour market (Smith v Manchester Award) • loss of congenial employment • loss of use • loss of enjoyment of a holiday • marriage breakdown or loss of marriage opportunities • aggrevated damages • unnecessary medical treatment...