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View the related practice notes about Exemplary damages

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages, see Practice Note: The remedy of damages—general principles.For guidance on damages for loss of a chance, see Practice Note: Loss of chance damages.For a summary of the key distinctions between claiming damages in tort compared with claiming damages in contract, see Practice Note: Claiming damages—tort and contract claims compared.Compensatory function of damages in tortDamages in tort are in general compensatory, ie they aim (subject to the rules of remoteness and mitigation) to make the claimant whole—ie to put the claimant in the position they would have been in had the tort not been committed—but no more than that.This applies not only to negligence and similar torts, but also to torts such as conversion and deceit (see Practice Note: The tort of deceit).However, this general rule is subject to three qualifications:•restitutionary recovery (see below) may be allowed in respect of certain torts to deprive a defendant of their profits,...

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...