Compensatory damages | OCR A-Level Law

For Specification H418

OCR A-Level Law | Free Revision Notes

Estimated study time: 45–55 minutes

This Compensatory damages A-Level Law revision page explains the main financial remedy available following a successful tort claim. OCR H418 expressly requires students to understand compensatory damages and the basis of damages. You will learn how compensation can cover financial and non-financial consequences of a tort, how general and special damages differ, and how damages may be paid. These principles follow the tort defences covered in volenti and land-specific defences [Lesson 139. Volenti and land-specific defences].

Learning Objectives 🎯

By the end of this revision page, you should be able to:

• Explain the basis and compensatory role of damages in tort law.

• Distinguish pecuniary from non-pecuniary loss.

• Explain the difference between general damages and special damages.

• Identify common heads of loss within each category.

• Explain the main forms in which damages may be paid.

• Apply damages principles accurately to simple tort scenarios.

Revision Notes 📚

Compensatory damages A-Level Law revision overview

Damages are a financial remedy.

Where a claimant successfully establishes a tort and has suffered recoverable harm, compensatory damages provide monetary compensation for the losses flowing from that harm.

OCR's specification places compensatory damages alongside:

• mitigation of loss

• injunctions

within the remedies section of H418/02.

Current OCR assessment material requires students to be able to distinguish:

• general damages

• special damages

• pecuniary loss

• non-pecuniary loss

and to apply those categories to the facts of a claimant's injuries and losses.

Damages follow liability

Damages are a remedy.

They do not establish that the defendant committed a tort.

The normal sequence is:

1. C establishes the relevant tort.

2. Any applicable defence is considered.

3. If C remains entitled to recover, the appropriate remedy is considered.

4. Damages compensate C for the relevant losses.

For example:

D negligently injures C.

You first establish:

• duty

• breach

• causation

• actionable damage.

Only after liability is established do you identify what compensation C may receive.

📌 Exam technique: If the question tells you that C has already succeeded in their claim, do not spend valuable time proving the tort again. Move directly to the remedies requested.

The compensatory basis of damages

Compensatory damages are concerned with compensating the claimant for harm and loss caused by the tort.

They can respond to very different consequences.

For example, a claimant injured through negligence might suffer:

• physical injury

• pain and suffering

• inability to enjoy previous activities

• loss of earnings

• medical costs

• travel costs

• damage to personal property.

OCR's current mark scheme recognises each of these as potentially relevant when identifying damages.

The crucial task is to place each loss within the correct category.

Pecuniary and non-pecuniary loss

Before distinguishing general and special damages, understand the difference between pecuniary and non-pecuniary loss.

Pecuniary loss

A pecuniary loss is a loss capable of being expressed directly in financial terms.

Examples include:

• loss of earnings

• damage to property

• medical expenses

• travel expenses

• future loss of earnings

• future care costs.

OCR's 2022 mark scheme describes pecuniary losses as those which can readily be calculated in financial terms.

Example

C's phone worth £900 is destroyed.

This is a financial loss which can be quantified.

It is therefore pecuniary.

Non-pecuniary loss

A non-pecuniary loss is not based upon a straightforward financial amount.

Examples include:

• pain and suffering

• physical injury itself

• loss of amenity.

These consequences are real but cannot simply be identified by looking at a receipt or wage slip.

OCR's 2025 mark scheme places primary injuries, pain and suffering and loss of amenity among the common non-pecuniary losses compensated through general damages.

Loss of amenity

Loss of amenity concerns loss of the ability to enjoy aspects of ordinary life or activities previously enjoyed.

For example:

Before the accident, Mia regularly played football. Her permanent injury means that she can no longer play.

The loss is not simply the price of a football membership.

The relevant harm is that Mia can no longer enjoy an activity that previously formed part of her life.

OCR's 2025 assessment specifically treated a claimant's inability to continue playing amateur football as loss of amenity.

Other possible examples

A claimant might no longer be able to:

• participate in a sport

• pursue a hobby

• undertake ordinary recreational activities.

These facts can support an award within general damages.

Pain and suffering

A claimant may also receive compensation for pain and suffering resulting from their injury.

For example:

C suffers serious leg injuries following D's negligence.

Those injuries may involve pain and suffering in addition to any measurable financial loss.

OCR's 2025 mark scheme expressly identified compensation for:

• the primary injury

• associated pain and suffering.

This is a useful reminder that compensatory damages are not restricted to bills and lost wages.

General damages

General damages usually cover losses that cannot be quantified precisely at the time of the claim and commonly include direct consequences of the injury.

OCR's 2025 mark scheme explains that general damages usually look forward from the trial and commonly include non-pecuniary losses, although they can also include certain future pecuniary losses.

Examples include:

• the primary physical injury

• pain and suffering

• loss of amenity

• future medical and care costs

• future loss of earnings.

This is a crucial exam point

Do not learn the inaccurate rule:

"General damages are always non-pecuniary."

They are usually associated with non-pecuniary harm, but OCR's current mark scheme expressly recognises that general damages can include pecuniary losses such as future loss of earnings.

That distinction matters.

General damages for primary injury

Suppose:

C suffers a permanently damaged leg.

The physical injury itself forms part of the general damages assessment.

This is different from a specific receipt or already-incurred expense.

General damages for pain and suffering

Suppose:

C suffers considerable continuing pain because of the injury.

Pain and suffering is ordinarily addressed through general damages.

It is a non-pecuniary consequence because there is no exact financial price attached to the claimant's pain.

General damages for loss of amenity

Suppose:

C can no longer play football because of the injury.

This may be compensated through general damages for loss of amenity.

OCR's 2025 assessment used exactly this type of factual clue.

General damages for future loss of earnings

Consider:

C previously earned £900 per week but is permanently unable to return to their occupation.

The loss of future income is financially measurable in nature, so it is pecuniary.

However, because it concerns loss extending into the future, OCR's current assessment material places estimated future loss of earnings within general damages.

This produces an important distinction:

Pecuniary does not automatically mean special damages.

General damages for future medical and care costs

If an injury causes permanent disability, the claimant may require:

• future physiotherapy

• future medical treatment

• future care.

OCR's 2025 mark scheme expressly recognises prospective medical and care costs within general damages.

These are future financial losses, but are dealt with as general damages.

Special damages

Special damages cover financial losses which can be specifically quantified, particularly those incurred up to the date of trial or settlement.

OCR's 2025 mark scheme describes special damages as quantifiable financial losses consequential to the harm and incurred up to trial or settlement.

They are usually pecuniary.

Examples include:

• pre-trial loss of earnings

• property damage

• medical expenses already incurred

• travel expenses already incurred

• certain expenses incurred by others.

Pre-trial loss of earnings

Suppose:

C normally earns £800 each week. Because of the accident, C has already missed ten weeks of work before settlement.

This is a quantifiable financial loss.

It is therefore a classic example of special damages.

OCR's 2025 assessment applied special damages to a claimant's pre-trial loss of £1,000 per week.

Damage to property

Suppose:

C's £750 laptop is destroyed during the incident.

The value of the property is a specific financial loss.

This can form part of special damages.

OCR's 2025 mark scheme classified a claimant's phone, which was broken beyond repair, as property damage recoverable within special damages.

Pre-trial medical expenses

Suppose C has already paid for relevant medical treatment before settlement.

These costs can be specifically identified and quantified.

They may therefore form part of special damages.

Travel expenses

Relevant travel expenses already incurred because of the tort may also form part of special damages.

OCR's 2025 mark scheme expressly identifies pre-trial travel expenses.

General and special damages compared

General damages	Special damages
Often cannot be calculated precisely in advance.	Can be specifically quantified.
Frequently concern the direct consequences of the injury.	Usually concern consequential financial losses.
Commonly include non-pecuniary losses.	Usually pecuniary.
Can also include future pecuniary losses.	Generally relate to financial losses incurred up to trial or settlement.
Physical injury	Property damage
Pain and suffering	Pre-trial loss of earnings
Loss of amenity	Pre-trial medical expenses
Future loss of earnings	Pre-trial travel expenses
Future medical or care costs	Other specifically quantifiable pre-trial expenses

The distinction is one OCR students need to know accurately.

The 2025 examiner report specifically identified candidates who reversed general and special damages as a significant weakness.

Do not confuse the two classification systems

This is probably the biggest conceptual trap in this lesson.

There are two overlapping ways of describing losses.

Classification 1

Pecuniary

or

non-pecuniary

Classification 2

General damages

or

special damages

They are connected, but they are not identical distinctions.

Example table

Loss	Pecuniary or non-pecuniary?	General or special?
Pain and suffering	Non-pecuniary	General
Loss of amenity	Non-pecuniary	General
Pre-trial lost wages	Pecuniary	Special
Destroyed phone	Pecuniary	Special
Future lost wages	Pecuniary	General
Future care costs	Pecuniary	General

OCR's 2025 examiner report specifically noted confusion between:

• pecuniary and non-pecuniary loss

• special and general damages.

📌 Exam technique: Classify the loss itself first, then decide whether the loss belongs within general or special damages.

A quick damages classification method

When given a loss in a scenario, ask:

Question 1: Is it financial?

If yes:

Pecuniary

If no:

Non-pecuniary

Question 2: Has it already occurred and can it be specifically quantified?

If yes:

It is likely to be special damages.

Question 3: Does it concern the injury itself, a non-financial consequence or future loss?

If yes:

It is likely to fall within general damages.

This method works particularly well for the types of loss OCR has used in recent examinations.

Worked classification example

Olivia is seriously injured through D's negligence. Before the case is settled, she misses eight weeks of work and loses £6,400 in earnings. Her £700 tablet is destroyed in the accident. She has continuing pain from her injury and can no longer participate in competitive swimming. Doctors believe she will be unable to return to her existing job and will need physiotherapy in the future.

£6,400 past loss of earnings

This is:

• financial

• quantifiable

• already incurred before settlement.

It is pecuniary special damages.

£700 tablet

This is:

• property damage

• financial

• specifically quantifiable.

It is pecuniary special damages.

Continuing pain

This cannot be directly valued through an exact financial calculation.

It is non-pecuniary general damages.

Inability to swim competitively

This is loss of amenity.

It is non-pecuniary general damages.

Future loss of earnings

This is a financial loss, so it is pecuniary.

However, because it concerns future loss, it falls within general damages in the OCR framework.

Future physiotherapy

This is also future financial loss and can be included within general damages.

Applying damages within negligence

Damages can appear as part of a larger negligence problem.

For example:

D negligently injures C, causing a broken arm, six weeks away from work and continuing pain.

A strong application would not simply say:

"C can get damages."

Instead:

• broken arm → general damages for the primary injury

• pain and suffering → general damages

• pre-trial lost earnings → special damages.

OCR's 2022 mark scheme used this approach when advising a claimant with a broken arm, time away from work and continuing psychological consequences.

Applying damages to property loss

A tort may cause damage to property as well as physical injury.

For example:

C's phone is destroyed in the same accident in which C suffers serious injuries.

The property loss should be dealt with separately.

If the value is specifically quantifiable and the loss has already occurred:

it may form part of special damages.

Do not overlook property damage simply because the scenario also contains more serious personal injuries.

Applying damages to private nuisance

Damages can also be relevant outside negligence.

In private nuisance, OCR recognises damages as a remedy for harm already suffered and, following Coventry v Lawrence, as potentially relevant to an ongoing nuisance.

This was introduced in private nuisance: defences and remedies [Lesson 128. Private nuisance: defences and remedies].

The alternative remedy of an injunction is developed separately in injunctions [Lesson 142. Injunctions].

For this lesson, the key point is:

Damages are not confined to negligence claims.

They operate as a financial remedy across tortious actions where legally appropriate.

How damages may be paid

OCR's current assessment materials also recognise different methods for paying damages.

These include:

• lump sums

• structured settlements

• periodic payments.

Lump sum

A lump sum is a one-off payment of the damages awarded.

The claimant receives the relevant compensation as one overall payment.

This may be straightforward where losses can be assessed sufficiently at the time of the award.

Structured settlement

OCR's 2025 mark scheme identifies structured settlements under the Damages Act 1996.

Under such an arrangement, damages can be paid incrementally rather than entirely at once.

This may be particularly relevant where the claimant faces continuing future consequences.

Periodic payments

Periodic payments involve payments being made for:

• the claimant's life, or

• a specified period.

OCR explains that these payments can help address uncertainty concerning future needs.

Example

C suffers a permanent disability and will require continuing care.

The future financial consequences may extend over many years.

A form of continuing payment may therefore be relevant rather than treating every future uncertainty as a single immediate payment.

📌 Exam technique: If the scenario describes permanent injury, long-term care or significant future losses, consider whether the method of payment is worth discussing if the question asks about remedies.

Damages and contributory negligence

Damages may be affected by a successful defence.

The most obvious example is contributory negligence [Lesson 138. Contributory negligence].

Contributory negligence is a partial defence.

Where C contributes to their own injuries:

the damages awarded may be reduced.

This does not change whether a particular loss is:

• general

• special

• pecuniary

• non-pecuniary.

Instead, it can affect the amount ultimately recovered.

Example

C has general and special damages arising from D's negligence, but C also contributed to the injuries by failing to use suitable safety equipment.

The court may:

1. identify the compensatory losses

2. then reduce the damages because of C's contributory negligence.

Keep classification and defence separate.

Damages and mitigation

The claimant's recovery can also be affected by the principle of mitigation.

However, the detailed rules belong to the next lesson:

mitigation of loss [Lesson 141. Mitigation of loss].

At this stage, remember only that mitigation is a separate concept from:

• general damages

• special damages

• contributory negligence.

OCR's 2025 examiner report found that some candidates confused mitigation with contributory negligence, particularly where the claimant's conduct occurred before the injury.

The next lesson will deal with mitigation properly.

A complete damages checklist

When a question asks what damages a successful claimant may receive:

Step 1: Identify each consequence separately

For example:

• physical injury

• pain

• hobby lost

• wages already lost

• property damage

• future earnings

• future treatment.

Step 2: Decide whether each loss is pecuniary or non-pecuniary

Financial?

→ pecuniary.

Not directly financial?

→ non-pecuniary.

Step 3: Decide whether each belongs in general or special damages

General

Often:

• primary injury

• pain and suffering

• loss of amenity

• future losses.

Special

Often:

• specifically quantifiable pre-trial losses

• property damage

• pre-trial lost earnings and expenses.

Step 4: Apply the precise facts

Do not simply list possible losses.

For example:

"C cannot play rugby anymore" → loss of amenity.

Step 5: Consider payment if relevant

Could the damages be dealt with through:

• lump sum

• structured settlement

• periodic payments?

Step 6: Consider any issue affecting recovery

For example:

• contributory negligence

• mitigation, when relevant.

The different parts are brought together later in tort remedies problem solving [Lesson 143. Tort remedies problem solving].

Worked application

Consider this scenario:

Marcus successfully establishes negligence against CityBuild Ltd after a workplace accident. He suffers a permanently damaged knee and experiences continuing pain. Before settlement, Marcus has already lost £12,000 in wages and paid £600 in travel expenses connected with treatment. His £1,200 laptop was destroyed in the accident. Marcus previously played tennis every weekend but can no longer participate. Medical evidence suggests he will earn substantially less in the future and will require continuing physiotherapy.

Primary injury

Marcus's permanent knee injury can be compensated through general damages.

Pain and suffering

His continuing pain is a non-pecuniary loss forming part of general damages.

Loss of amenity

Marcus can no longer play tennis.

This supports general damages for loss of amenity.

£12,000 pre-trial loss of earnings

This is:

• pecuniary

• already incurred

• specifically quantifiable.

It is special damages.

£600 travel expenses

These are also:

• pecuniary

• quantifiable

• already incurred before settlement.

They may form part of special damages.

£1,200 laptop

The destroyed laptop is a quantifiable property loss.

It is special damages.

Future reduced earnings

Future earnings are financially based and therefore pecuniary.

However, because this loss extends into the future, OCR's current approach places it within general damages.

Future physiotherapy

The expected future treatment costs can also form part of general damages.

Payment

Because Marcus has:

• permanent injury

• continuing treatment

• future loss

the available forms of payment may be relevant.

Depending upon the award, damages may be paid as:

• a lump sum

• a structured settlement

• periodic payments.

Conclusion

Marcus may therefore receive a combination of:

• general damages for his injury, pain, loss of amenity and future financial consequences

• special damages for his identifiable pre-trial financial losses.

A strong answer classifies each item individually rather than simply saying that Marcus will "get compensation".

Key Words 🔑

Key word	Student-friendly definition	How it may be used in an exam
Compensatory damages	Money awarded to compensate a successful claimant for recoverable harm and loss caused by the tort.	Identify damages as the main financial remedy available after liability is established.
General damages	Damages commonly covering the injury, non-pecuniary consequences and future losses which cannot simply be quantified as existing pre-trial expenses.	Apply to injury, pain and suffering, loss of amenity and future loss of earnings.
Special damages	Specifically quantifiable financial losses consequential to the harm, usually incurred up to trial or settlement.	Apply to pre-trial lost earnings, property damage, medical costs and travel costs.
Pecuniary loss	Loss capable of being expressed in financial terms.	Distinguish lost earnings and expenses from pain and suffering.
Non-pecuniary loss	Harm which does not have a straightforward financial value.	Apply to pain, suffering and loss of amenity.

Hints from the Examiner Reports 💡

Examiner hint: Learn the legal categories before trying to apply them. OCR's 2025 report found that many students identified sensible losses from the scenario but gained little credit because their advice had no accurate AO1 explanation of damages behind it.

Examiner hint: Do not reverse general and special damages. OCR specifically identified this as a common error in the 2025 examination.

Examiner hint: Do not assume pecuniary means special and non-pecuniary means general in every case. Future loss of earnings is pecuniary but can fall within general damages. OCR reported significant confusion between the two classification systems.

Examiner hint: Strong AO2 identifies a particular fact and connects it to a particular category of damages. OCR praised candidates who linked a broken phone and pre-trial wages to special damages, then future earnings, medical costs and loss of amenity to general damages.

Examiner hint: Do not forget remedies when the question asks for them. OCR's 2022 report found that damages were one of the most frequently omitted areas, even when the question expressly required advice about remedies.

Examiner hint: Avoid anecdotal advice such as "C should get a lot of money". OCR only rewards application that is linked to legal principles and terminology.

Common Mistakes ⚠️

Mistake: Saying all general damages are non-pecuniary

Why this is incorrect: General damages commonly include non-pecuniary losses, but OCR's current mark scheme also includes future pecuniary losses such as future loss of earnings.

How to improve: Treat general/special and pecuniary/non-pecuniary as separate classification systems.

Mistake: Saying all pecuniary losses are special damages

Why this is incorrect: Future loss of earnings and future care costs are financial losses but can fall within general damages.

How to improve: Ask whether the loss has already been specifically incurred or instead relates to future consequences.

Mistake: Putting pain and suffering under special damages

Why this is incorrect: Pain and suffering cannot be specifically calculated from a bill or financial record.

How to improve: Classify it as non-pecuniary general damages.

Mistake: Putting pre-trial lost earnings under general damages

Why this is incorrect: Past earnings already lost before trial or settlement can be specifically quantified.

How to improve: Classify them as pecuniary special damages.

Mistake: Forgetting loss of amenity

Why this is incorrect: A claimant may lose the ability to enjoy hobbies or ordinary activities as a direct consequence of an injury.

How to improve: Look for scenario phrases such as:

• "can no longer play"

• "is unable to continue"

• "cannot participate in".

These may indicate loss of amenity.

Mistake: Treating property damage as pain and suffering

Why this is incorrect: A destroyed item is a quantifiable financial loss.

How to improve: Identify property damage separately as a possible item of special damages.

Mistake: Giving common-sense compensation without legal terminology

Why this is incorrect: OCR's 2025 examiner report explicitly states that narrative advice without an underpinning legal explanation received little credit.

How to improve: Use:

loss + classification + factual application

For example:

Marcus's £1,200 destroyed laptop is a quantifiable pecuniary loss and may therefore be recovered as special damages.

Mistake: Confusing mitigation with contributory negligence

Why this is incorrect: They operate at different stages.

How to improve: Keep mitigation for mitigation of loss [Lesson 141. Mitigation of loss], and remember that contributory negligence concerns C contributing to their own injuries.

Exam-Style Questions ✍️

Question 1

What are compensatory damages? [2 marks]

Question 2

Explain the difference between pecuniary and non-pecuniary loss. Give one example of each. [4 marks]

Question 3

Explain the difference between general damages and special damages. [6 marks]

Question 4

Classify each of the following losses as general or special damages:

1. £3,000 of wages already lost before settlement.

2. Pain caused by a broken leg.

3. A £900 phone destroyed in the accident.

4. Inability to continue playing football.

5. Estimated future loss of earnings.

[5 marks]

Question 5

Explain why the statement below is inaccurate:

"All pecuniary losses are special damages and all general damages are non-pecuniary."

[6 marks]

Question 6

Assume Hannah successfully establishes negligence against D.

Hannah suffers a serious shoulder injury. Before settlement, she loses £5,000 in earnings and incurs £350 in travel costs for treatment. She experiences continuing pain and can no longer take part in competitive rowing.

Advise Hannah on the compensatory damages she may receive. [8 marks]

Question 7

Assume Theo succeeds in a negligence claim. He suffers a permanent disability, cannot return to his previous employment and will require continuing care. He has also already lost £9,000 in earnings before trial.

Explain the distinction between Theo's past and future financial losses and identify relevant methods by which damages may be paid. [10 marks]

Question 8

Amara successfully establishes liability against Stonebuild Ltd after a workplace accident.

She:

• suffers permanent injuries to her back

• experiences continuing pain

• can no longer participate in the long-distance running competitions she previously enjoyed

• has already lost £14,000 in wages

• had a £1,500 laptop destroyed in the accident

• has already spent £800 travelling to medical appointments

• is expected to lose income in the future because she cannot return to her former occupation

• will require future physiotherapy and care.

Advise Amara on the compensatory damages that may be available and the possible methods of payment. Do not consider mitigation or defences. [20 marks]

Indicative answers and mark scheme

Question 1

Award up to 2 marks for explaining that:

• damages are a financial remedy

• used to compensate a successful tort claimant for recoverable harm and loss caused by the tort.

Question 2

Award up to 4 marks for explaining:

Pecuniary loss

• loss capable of being expressed directly in financial terms

• example: lost earnings, property damage or medical expenses.

Non-pecuniary loss

• loss without a straightforward financial value

• example: pain and suffering or loss of amenity.

Question 3

Award up to 6 marks for explaining that:

General damages

• commonly concern the primary injury and losses that cannot be quantified precisely

• commonly include pain and suffering

• include loss of amenity

• can include future pecuniary losses such as future loss of earnings and care costs.

Special damages

• are specifically quantifiable financial losses

• are consequential to the harm

• commonly concern losses incurred up to trial or settlement

• include pre-trial lost earnings, property damage and relevant expenses.

Question 4

Award 1 mark each:

1. Past lost wages → special damages

2. Pain caused by broken leg → general damages

3. Destroyed phone → special damages

4. Inability to play football → general damages, loss of amenity

5. Future loss of earnings → general damages.

Question 5

A strong response should explain that:

• pecuniary/non-pecuniary and general/special are different classifications

• special damages are normally pecuniary

• general damages are often non-pecuniary

• however, general damages can also contain future pecuniary losses

• future loss of earnings is financial, and therefore pecuniary

• but OCR's current approach places it within general damages.

Conclusion: The two distinctions overlap but are not identical.

Question 6

A strong answer should classify the losses individually.

Shoulder injury

The serious physical injury can form part of general damages.

Continuing pain

Pain and suffering is a non-pecuniary loss forming part of general damages.

Loss of rowing

Hannah can no longer participate in competitive rowing.

This is loss of amenity and can be compensated through general damages.

£5,000 lost earnings

These earnings have already been lost before settlement.

They are:

• pecuniary

• specifically quantifiable

and therefore form part of special damages.

£350 travel expenses

These have already been incurred and can be precisely quantified.

They may also form part of special damages.

Conclusion

Hannah may receive both general and special damages. A strong answer identifies the particular head of loss rather than simply stating that compensation is available.

Question 7

A strong response should explain:

Past lost earnings

Theo has already lost £9,000 before trial.

This is:

• financial

• specifically quantifiable

• already incurred.

It is therefore pecuniary special damages.

Future loss of earnings

Theo cannot return to his previous employment because of permanent disability.

Future lost income is:

• pecuniary

• but future rather than a completed pre-trial loss.

It may therefore be included within general damages.

Future care

Continuing care costs are also future pecuniary losses capable of forming part of general damages.

Payment

OCR recognises:

• lump sums, a one-off payment of the damages

• structured settlements, under the Damages Act 1996, allowing damages to be paid incrementally

• periodic payments, which may continue for life or a specified period.

Because Theo has permanent disability and continuing future needs, the forms of payment dealing with future uncertainty may be particularly relevant.

Question 8

A high-level answer should classify Amara's losses carefully and apply each category directly to the facts.

Basis of damages

Amara has successfully established liability.

The relevant issue is therefore the financial compensation available for the recoverable consequences of the tort.

Damages may include both:

• general damages

• special damages.

General damages

Permanent back injury

Amara's primary physical injury can form part of general damages.

Pain and suffering

Her continuing pain is a non-pecuniary loss and can form part of general damages.

Loss of amenity

Amara previously participated in long-distance running competitions but can no longer do so.

The loss of her ability to enjoy this activity is loss of amenity and can be compensated through general damages.

Future loss of earnings

Amara is expected to earn less in future because she cannot return to her previous occupation.

The loss is pecuniary because it is financial.

However, because it concerns estimated future loss, it can form part of general damages.

Future physiotherapy and care

Future treatment and care costs are also pecuniary losses capable of forming part of general damages.

Special damages

£14,000 pre-trial earnings

This is a quantifiable financial loss which has already arisen before settlement.

It is therefore special damages.

£1,500 laptop

The destroyed laptop represents specifically quantifiable property damage.

It may therefore be recovered as special damages.

£800 travel expenses

The travel costs have already been incurred because of medical treatment.

They are quantifiable financial expenses and may form part of special damages.

Methods of payment

OCR's current assessment materials recognise:

Lump sum

A one-off payment of the entire damages award.

Structured settlement

Under the Damages Act 1996, damages may be arranged so that compensation is paid incrementally.

Periodic payments

Payments may continue for life or for a specified period, helping to address uncertainty surrounding future needs.

Because Amara has:

• permanent injury

• future reduced earnings

• continuing treatment and care needs

future-oriented methods of payment may be particularly relevant.

Overall conclusion

Amara is likely to have substantial general damages for:

• her permanent injury

• pain and suffering

• loss of amenity

• future earnings

• future treatment and care.

She may also receive special damages for:

• £14,000 past loss of earnings

• her £1,500 destroyed laptop

• £800 already spent on relevant travel.

The scenario demonstrates why OCR students must avoid treating general/special damages as identical to the pecuniary/non-pecuniary distinction. Amara's future earnings and care costs are pecuniary losses but may nevertheless form part of general damages. The next stage is to consider whether a claimant's conduct after the tort can affect the recoverable loss through mitigation of loss [Lesson 141. Mitigation of loss].