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The assessment of compensation in personal injury torts

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Question 2 The assessment of compensation in personal injury torts has been described as an "intrinsically impossible task"1. However, English law has been evolving so that fairness is maintained and in accordance with the principles of tort law, attempts are made to financially compensate victims to return them to the same position as if the tort had not been committed. Tort law is mainly based on the Common Law system of checks and balances. Consistency was ensured by awarding standard sums of money for similar personal injury losses. These sums of money awarded were benchmarked to like cases in the past2. There was even a set of guidelines produced by the Judicial Studies Board to regulate the awards. The English approach to calculating non-pecuniary personal injury damages is a balance between the subjective assessment of pain and suffering and the objective assessment of the loss of amenities3. The former measures...

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