# Remedies in tort: damages and injunctions

> **Key takeaway:** Compensation primary (Livingstone). PI structured heads; remoteness Wagon Mound; CN/mitigation reduce. Injunctions for continuing torts (Cyanamid interim). Contribution Act 1978. Exemplary rare.

- **Jurisdiction:** England & Wales
- **Practice area:** Commercial
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Commercial/remedies-in-tort
- **Keywords:** tort damages, quantum, personal injury damages, injunction, contributory negligence, Wagon Mound, contribution, aggravated damages

## What is this about?

Tort remedies aim primarily to compensate for loss caused by civil wrongs, with injunctions available to restrain continuing or threatened wrongs. Quantum rules differ by head of loss; personal injury has structured heads and statute (e.g. discount rate, fatal accidents).

## What is the core rule?

Compensatory damages restore the claimant, so far as money can, to the position as if the tort had not been committed, subject to causation, remoteness (Wagon Mound in negligence), mitigation, and contributory negligence. Special and general damages, and in PI cases PSLA, care, loss of earnings, and Smith v Manchester awards, are assessed on evidence. Aggravated and exemplary damages are exceptional. Injunctions (final/interim) restrain torts such as nuisance and trespass where damages are inadequate. Contribution between tortfeasors is governed by the Civil Liability (Contribution) Act 1978.

## What are the elements or test?

1. Liability established for which tort?
2. Heads of loss: special/general; PI schedule?
3. Causation, remoteness, mitigation, contributory negligence adjustments
4. Any aggravated/exemplary claim properly founded?
5. Injunction: final or interim (Cyanamid if interim); cross-undertaking?
6. Multiple defendants: contribution/apportionment

## Which authorities matter?

- **Livingstone v Rawyards Coal Co (1880) 5 App Cas 25** — Classic compensatory aim of tort damages.
- **Overseas Tankship (UK) Ltd v Morts Dock (The Wagon Mound) [1961] AC 388** — Remoteness: kind of damage must be foreseeable in negligence.
- **Civil Liability (Contribution) Act 1978** — Contribution claims between persons liable for the same damage.
- **American Cyanamid Co v Ethicon Ltd [1975] AC 396** — Interim injunction framework often used in tort restraining orders.

## How does this apply in practice?

Fatal accidents and bereavement awards are statutory (FAA 1976). Periodical payment orders may apply in serious PI. Defamation quantum is specialised. Pair with negligence causation/remoteness and equitable remedies notes.

## What are common pitfalls?

- Double recovery across heads of loss
- Ignoring mitigation and CN reductions
- Claiming exemplary damages as routine
- Seeking interim injunctions without a cross-undertaking in damages

## When would a practitioner use this?

Quantum schedules, Part 36 strategy in PI/tort, and injunction applications in nuisance/trespass.

## Quick reference

Compensation primary (Livingstone). PI structured heads; remoteness Wagon Mound; CN/mitigation reduce. Injunctions for continuing torts (Cyanamid interim). Contribution Act 1978. Exemplary rare.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*