Tort Law Remedies
- teachlawhub
- Nov 1, 2025
- 4 min read
When a claimant has successfully proven their case in tort law, the court will award a remedy to address the loss or harm that they have suffered. A remedy is the legal outcome that is designed to put things right. The two main tort law remedies that the court can award are compensatory damages (a financial payment to the claimant) and injunctions (a court order requiring the defendant to do something or to stop doing something).
In this blog, we will explore these remedies in detail and understand how and why they are used.
Compensatory Damages
Compensatory damages are the most common type of remedy awarded in tort law. The purpose of this remedy is to compensate the claimant for the harm that they have experienced as a result of the defendant’s actions. This can include compensation for injuries, financial loss, or damage to property. The main aim of compensatory damages is to place the claimant in the position they would have been in if the tort had not taken place.
When working out the correct level of compensatory damages, the court will look at the types of loss that the claimant has suffered. These losses are divided into pecuniary and non-pecuniary loss:
Type of Loss | Meaning | Examples |
Pecuniary Loss | Financial loss that can be calculated in money terms |
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Non-Pecuniary Loss | Loss that cannot be calculated exactly in money terms |
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Special and General Damages
When awarding compensatory damages, the court splits the overall award into special damages and general damages.
Special damages cover financial losses that can be calculated in terms of money. This will cover loss that can be calculated from the day that the tort occurred up to the date of the trial and was a consequence of the tort/incident. These damages are designed to compensate for losses that can be specifically calculated and proven. This will usually cover specific pecuniary losses such as the cost of repairing or replacing damaged property, any medical expenses that have already been paid, travel expenses to medical or physiotherapy appointments, and actual loss of earnings if the claimant has been unable to work during this time. Special damages can also cover expenses paid by others on the claimant’s behalf, such as paying someone to cover shifts at work while the claimant recovers.
General damages are awarded for losses from the date of the trial into the future. These relate to the ongoing physical and psychological effects of the tort/incident. General damages include both pecuniary and non-pecuniary losses. For example, the claimant may receive compensation the pecuniary loss of the future loss of earnings if they are unable to return to their previous work. They may also be compensated for non-pecuniary loss such as pain and suffering, the loss of amenity, and any reduction in life expectancy. General damages can also take into account ongoing and future medical or care costs if the claimant’s injuries require long term treatment.
Compensatory Damages: Methods of Payment
Compensatory damages can be paid in different ways depending on the nature of the injury and the needs of the claimant. The two main methods are lump sum settlements and structured settlements.
A lump sum settlement provides the claimant with the full amount of damages in one single payment. Here the claimant will receive the money in one go. This is the most common method and is often used where the claimant has recovered from their injuries or where no long term medical care or loss of earnings is expected.
A structured settlement, on the other hand, involves the claimant receiving their compensation in instalments over a set period of time. Under the Damages Act 1996, the court can order damages to be paid in regular intervals (monthly or yearly payments), and in some cases, these payments may continue for the claimant’s lifetime. This method is often preferred when the full extent of the claimant’s future losses is uncertain, particularly in cases involving serious or long term injuries.
Mitigation of Loss
An important principle in the awarding of damages is the duty to mitigate loss. This means that the claimant must take reasonable steps to reduce the impact of the harm they have suffered. For example, if a claimant is injured, they should seek medical treatment and follow health advice rather than allow their condition to worsen unnecessarily. Similarly, if they are able to return to work or alternative employment, they should do so. If the claimant fails to mitigate their loss, the amount of damages awarded may be reduced.
Injunctions
An injunction is another remedy that the court may award either instead of compensatory damages or alongside them. An injunction is a court order that either requires the defendant to stop doing something or requires the defendant to take a specific action. Injunctions are often used where financial compensation alone would not resolve the issue. For example, in cases of private nuisance or under Rylands v Fletcher, the court may order the defendant to stop causing the interference rather than simply paying money to the claimant. Injunctions can therefore play an important role in protecting the claimant’s ongoing rights.
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