Deduction

Contributory Negligence

Defence assessed as a percentage

Should be made after all other deductions
Consider all other factors to make a realistic assessment to make an
accurate percentage
Refer to practitioners text
Contributory negligence depends on a judiciary finding; the others dont.
So thats why it should be dealt with last

Interest on Damages

Takes into account the wait for damages

Not pleaded, court cant award it
Interest accrues on judgement
Current rate is 8% pa
Courts discretion to award interest on judgement and damages
Discretion of court includes rate of interest
County Courts Act 184 s.69/Senior Courts Acts 1981 s.35A
What kind depends on type of damages
Special damages = Special Investment Account Rate (SIAR); same rate as
Bank of England
Full/Half SIAR
Full SIAR one off item loss
Half SIAR recurring item
Interest on general damages rate: 2%
Interest for general damages runs from usually when the claim form was
served (knowledge of D)

Provisional Damages

CPR r41
Award damages now on the basis of a chance that a particular condition
may develop
There must be a measurable development; evidence needed
If that condition does develop, C may return to court to seek further
damages
Willson v Ministry of Defence [1991]
Question in Willson was osteoarthritis a new condition or merely a
development of a current condition.
Only works on development of a new condition
Should be distinguished from Interim payments; periodical payments and
structured settlements