Overview
This webinar provides a practical and up-to-date examination of how courts assess and award damages for pain and suffering in personal injury claims. Although such awards are a central component of nearly every case, the underlying legal principles and their application are often overlooked in day-to-day practice.
Through analysis of recent case law and evolving judicial approaches, the session explores what is truly being compensated under this head of damage, the role of comparable cases, and the use of the Judicial College Guidelines. It also highlights common pitfalls faced by claimants, evidential challenges, and the practical realities of presenting and valuing claims.
The webinar further addresses complex scenarios including multiple and distinct injuries, clinical negligence claims, psychiatric harm, and intentional torts such as assault and false imprisonment. Special attention is given to specific categories of injury, including dental damage, scarring, and injuries affecting sight, as well as the principles governing aggravated damages and indexation of awards.
Overall, this session equips practitioners with a clearer, more confident understanding of how to approach, argue, and evaluate claims for pain and suffering in a range of contexts.
Learning Objectives
By the end of this webinar, participants will be able to:
- Understand the legal framework governing damages for pain and suffering in personal injury cases
- Identify what losses are compensated under this head of damage
- Evaluate the relevance and application of comparable cases and the Judicial College Guidelines
- Apply practical strategies to effectively evidence and prove pain and suffering
- Recognise common pitfalls and weaknesses in claimant cases
- Understand how courts approach indexation and updates to guideline awards
- Analyse how damages are assessed in cases involving multiple or distinct injuries
- Assess awards in clinical negligence cases involving separate injuries
- Evaluate damages in cases involving intentional torts, including assault, battery, and false imprisonment
- Understand the approach to claims involving psychiatric injury and sexual abuse
- Assess damages for specific injury types such as dental injuries, scarring, and visual impairment
Barrister
Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London
Gordon was called to the Bar in 1991 having originally qualified and practised as a solicitor. He practices from Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London. He works in the area of personal injury litigation and in the law relating to civil procedure, limitation and costs. He has a particular interest in issues relating to damages, evidence, costs and procedure.
Gordon is a former executive committee member of APIL and has lectured widely for APIL and CPIL on personal injury and procedure topics. Gordon is the author of Personal Injury Practice Notes (Cavendish); The APIL Guide to Fatal Accidents (now in its 4th edition); the 14th edition of Munkman and Exall on Damages for Personal Injury Death and Periodical Payments the New Law. He also wrote the section on limitation for the APIL loose-leaf and contributes two chapters to Munkman on Employer’s Liability... view full biography