header-logo header-logo

11 February 2016 / Diane Parker
Issue: 7686 / Categories: Opinion , Personal injury
printer mail-detail

Missing out?

nlj_7686_parker

The discrepancy between personal injury & defamation damages is unacceptable, says Diane Parker

“Sticks and stones may break my bones, but words will never hurt me.”

It would be surprising to meet anyone growing up in Britain who had not used or at least heard this phrase in their school playgrounds, at some point in their childhood.

And of course, it isn’t true. The human body heals from physical trauma quickly and physical pain is often quickly forgotten (a mechanism I’m sure exists to ensure that women have more than one child). On the other hand, a lot of us will have unhappy memories of school bully taunts and name calling that may have affected our psyches for years.

Until now, English law has recognised that both physical trauma and damage to reputation can cause harm and has created mechanisms to ensure the injured party, who can never recover what has been lost, can at least recover financial recompense for the injury sustained.

Class divide?

However, there is a large discrepancy that already exists between the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll