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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll