End-of-chapter questions: Answer Guidance 27.2

Compensatory damages

This is a broad question, and there are many ways to approach it. You should probably consider what Lord Scott means by this being the ‘lodestar’, how it applied in The Golden Victory, and how it has been applied since. Your discussion must be critical and your views clear: do you think this is a good lodestar? And do you think the cases fit well with this view, or are there cases where the claimant is left under- or over-compensated? There is a lot of material that is potentially relevant to this question; you need to be selective and choose leading cases which help advance the arguments you wish to make.

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