Increasing the Price of Pain: Damages, The Law Commission and Heil v Rankin

(2001) 64 Modern Law Review 100 - 111

12 Pages Posted: 21 Nov 2018

Date Written: February 1, 2001

Abstract

How do courts determine damages for pain and suffering in cases involving personal injury? Compensation for this non-pecuniary loss was increased considerably following the key case of Heil v Rankin. This article emphasises the disproprtionate importance of this head of damages to the tort system. It is a major cause of the excessive cost, inefficiency and injustice in the tort system. Adopting a distributive justice framework, the article questions whether it is fair to increase compensation for pain and suffering when so many injury victims obtain no damages at all.

Keywords: tort, damages, personal injury, compensation, pain and suffering, distributive justice, law reform

Suggested Citation

Lewis, Richard, Increasing the Price of Pain: Damages, The Law Commission and Heil v Rankin (February 1, 2001). (2001) 64 Modern Law Review 100 - 111, Available at SSRN: https://ssrn.com/abstract=3274645

Richard Lewis (Contact Author)

Cardiff University ( email )

Cardiff Law School
Museum Avenue
Cardiff, Wales CF10 3AX
United Kingdom
+44(0)2920874341 (Phone)

HOME PAGE: http://www.cardiff.ac.uk/people/view/478882-lewis-richard

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