The Civil Tort of Negligence and General Damages in Cyprus and England
The decision of the House of Lords in the case of Donoghue v. Stevenson [1932] AC 562, which laid the foundations for the duty of care, continues to influence judicial decisions on negligence and the recognition of new types of liability relationships. In this case, it was established that a person or entity (such as a manufacturer) has a duty of care toward others (their “neighbours”), even if there is no direct contractual relationship, provided it is foreseeable that their actions could cause harm. The neighbour principle applies to situations where harm to others can be reasonably foreseen, and it extends beyond direct contractual relationships.
The civil tort of negligence is one of the most common grounds for lawsuits in both Cypriot and English law. It arises in various circumstances, from road traffic accidents to medical malpractice and professional negligence. Of particular interest is the way in which courts calculate and award general damages, i.e., compensation for non-economic harm, such as physical pain, emotional distress, and loss of enjoyment of life.
Legal Framework of Negligence in Cyprus and the United Kingdom
The basic elements of the tort of negligence are:
- Duty of care – The defendant must act with caution to avoid causing harm to others.
- Breach of duty – The failure to fulfill the duty of care, which can involve negligence or recklessness.
- Damage – The harm caused by the breach of duty.
- Causal link – The connection between the negligence and the damage, meaning that the breach of duty directly led to the harm.
These elements are common in both Cypriot and English case law and form the foundation for awarding damages in negligence cases.
The Concept of General Damages
General damages are awarded when the harm cannot be proven by specific expenses or losses (e.g., medical expenses or lost income). They represent losses that cannot be quantified in monetary terms and include:
- Pain and suffering (e.g., physical pain from injuries)
- Emotional distress (e.g., psychological turmoil due to the injury)
- Loss of enjoyment of life (e.g., inability to participate in favorite activities)
- Permanent disability or disfigurement
- Emotional distress (e.g., anxiety and mental stress due to the consequences of the injury)
When assessing general damages, the court takes into account the severity of the injury, the claimant’s age, and the impact of the injury on their daily life.
Cypriot Case Law
Cypriot case law has established a set of principles regarding the awarding of general damages. Notably, in the case of Andreou v. X’Kyriakou (1996) 1 AAD 62, the Supreme Court of Cyprus ruled that:
“General damages aim to provide reasonable compensation to the claimant, based on a fair and just assessment of the pain and suffering they endured.”
Courts consider the intensity and duration of the suffering, the claimant’s age, the nature of the injury, and its impact on their everyday life. In serious cases, compensation for emotional distress or loss of quality of life can reach significant amounts.
English Case Law
English case law has developed a more systematic framework for the awarding of damages through the Judicial College Guidelines, which provide indicative amounts for various categories of physical or psychological injury. For example, in the case of Heil v. Rankin [2000] 3 All ER 138, the Court of Appeal reviewed the amounts of compensation for physical injuries and established a more consistent framework for awarding damages.
The English system seeks to provide objectivity and consistency in the awarding of damages, ensuring that the awarded compensation is fair and proportional to the extent of the harm.
Conclusions
The awarding of general damages in the context of negligence requires a careful and detailed analysis of both the factual circumstances and judicial practices. Our law firm possesses the experience and expertise to guide you effectively through negligence cases, seeking the maximum reasonable compensation you are entitled to.
For legal advice on negligence cases and compensation, contact us.