header-logo header-logo

Missing out?

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll