The Law Commission
Law Com No 257
DAMAGES FOR PERSONAL
Item 2 of the Sixth Programme of Law Reform:
The Law Commission was set up by the Law Commissions Act 1965 for the
purpose of promoting the reform of the law.
The Law Commissioners are:
The Honourable Mr Justice Carnwath CVO, Chairman +
Professor Andrew Burrows
Miss Diana Faber
Mr Charles Harpum
Mr Stephen Silber, QC
The Secretary of the Law Commission is Mr Michael Sayers and its offices are at
Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ.
This terms of this report were agreed on 15 December 1998.
The text of this report is available on the Internet at:
At the date of signing, the Chairman was the Honourable Mrs Justice Arden DBE, who was
succeeded on 2 February 1999 by the Honourable Mr Justice Carnwath CVO.
THE LAW COMMISSION
DAMAGES FOR PERSONAL INJURY:
PART I: INTRODUCTION
PART II: WHERE CHANGE IS NOT REQUIRED
1. SHOULD DAMAGES FOR NON-PECUNIARY LOSS BE
AVAILABLE AT ALL?
2. SHOULD ENGLISH LAW ADOPT THE CANADIAN
“FUNCTIONAL” APPROACH TO THE ASSESSMENT OF
DAMAGES FOR NON-PECUNIARY LOSS?
3. SHOULD A CLAIMANT WHO IS UNAWARE OF HIS OR
HER INJURY BE ENTITLED TO DAMAGES FOR
4. SHOULD THERE BE A THRESHOLD FOR THE RECOVERY
OF DAMAGES FOR NON-PECUNIARY LOSS?
5. SHOULD INTEREST BE AWARDED ON DAMAGES FOR
NON-PECUNIARY LOSS AND, IF SO, HOW MUCH
6. SHOULD DAMAGES FOR NON-PECUNIARY LOSS
SURVIVE THE DEATH OF THE VICTIM?
7. DOES THE QUESTION OF OVERLAP (BETWEEN
DAMAGES FOR LOSS OF EARNINGS AND DAMAGES FOR
LOSS OF AMENITY) RAISED IN FLETCHER V AUTOCAR
AND TRANSPORTERS LTD GIVE RISE TO DIFFICULTY?
PART III: WHERE CHANGE IS REQUIRED
I: INCREASING THE LEVELS OF DAMAGES
1. DAMAGES FOR NON-