Chair: Sanjay Rall, Ison Harrison Solicitors

This session will cover key principles surrounding compensation, focusing on Injury to Feelings and general damages. Drawing on leading case law, including the Vento guidelines, we will explore how compensation is determined, with emphasis on the claimant’s experience and the broader impact of discrimination on their life and what Respondents can do to challenge impact statements and ITF claims.

Topics include:

• Injury to Feelings: Guidelines and considerations
• Overlapping claims and the remoteness of loss
• Calculating career and health-related impacts
• The eggshell skull rule and breaks in the chain of causation
• Recovering personal injury awards and other expenses
• Aggravated damages and additional remedies

We will also provide practical insights into assessing losses, the role of medical evidence, and when adjustments to remedy may be warranted. This seminar is a review of basic and some more in depth tools for solicitors to help them value discrimination claims with more confidence and precision.

Agenda:

1. Introduction
2. Types of Awards in Discrimination Claims ​
3. Guidelines from Vento Case for Injury to Feelings ​
4. Factors Influencing Compensation
5. Overlapping Claims and Double Recovery ​
6. Causation and Remoteness of Loss ​
7. Types of Losses and Recoverable Expenses ​
8. Personal Injury Awards in Discrimination Cases ​
9. Breaks in the Chain of Causation and the Eggshell Skull Rule ​
10. Importance of Medical Evidence
11. Separate Awards for Different Discrimination Types ​
12. Additional Remedies Available ​
13. Adjustments to Remedy ​
14. Test for Remoteness of Loss in Discrimination Claims ​
15. Conclusion and Q&A

Objectives:

1. Understand the types of awards available in discrimination claims. ​
2. Learn about the Vento case guidelines for assessing damages for Injury to Feelings. ​
3. Identify factors that influence the level of compensation in discrimination cases. ​
4. Recognise the risks of overlapping claims and the concept of double recovery.
5. Comprehend the importance of causation and the test for remoteness of loss in discrimination claims. ​
6. Explore the types of losses and recoverable expenses in discrimination cases. ​
7. Understand the process and considerations for personal injury awards in discrimination claims. ​
8. Learn about breaks in the chain of causation and the application of the Eggshell Skull Rule. ​
9. Appreciate the significance of medical evidence in discrimination cases. ​
10. Understand the possibility of separate awards for different types of discrimination. ​
11. Explore additional remedies available beyond compensation in discrimination claims. ​
12. Learn about adjustments to remedy and factors affecting compensation amounts.
13. Understand the test applied to determine if a loss is too remote in discrimination claims. ​