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Old September 21st 08, 12:05 PM posted to uk.legal.moderated
The Todal
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Default Negligence - assessable damages?


"H" wrote in message
...
Can anyone help me what the term 'assessable damages' can include in
relation to a negligence claim concerning a 14 yr old boy with learning
difficulties.


The term is not one that is normally used in litigation in the UK. The more
usual form of putting the question is "can I recover damages for...."/


Could the term include expenses incurred by the parents, e.g. Home tuition
and home cleaning costs (incurred by the need for his constant
1-to-1supervision) while child is unable to attend school?


In principle if a child suffers a personal injury that prevents him
attending school you can recover the cost of home tuition. Home cleaning
costs, probably no. And if it isn't a personal injury but some other form of
dispute with the school, it may be harder to persuade a court that the
damages are recoverable.


Would it make a difference who paid, i.e. child or parent?


No - it is quite usual to recover for the cost of gratuitous care and
nursing that a family member or friend has provided, then (if you like) pay
that sum to the person who provided the care.



 

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