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11 February 2016 / Diane Parker
Issue: 7686 / Categories: Opinion , Personal injury
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Missing out?

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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

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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