Pain and suffering in Europe - How courts quantify the unquantifiable

Pain and suffering in Europe - How courts quantify the unquantifiable

Without clear rules or guidelines, courts deciding materially similar cases can reach very different outcomes when quantifying damages for pain and suffering. Some legal systems tolerate this variability as an acceptable cost of judicial discretion. Others have rejected this approach and taken measures to achieve more homogeneous results. This presentation examines some of the existing approaches found in different European countries. Particular attention is given to the measures deployed to create uniformity (from relying on private initiatives on one side of the spectrum to legislative intervention on the other) and the criteria used within them. The presentation also deals with the reasons why different countries, despite sharing the same underlying goal, have adopted different measures, and reflects on the advantages and disadvantages of these different approaches. Finally, some thoughts on the potential of future developments are presented.

We will begin at 12:45 with sandwiches and the presentation will begin at 13:00. Those attending in person are asked to RSVP to Lionel Smith by 20 November 2026 for catering purposes.

Hannes Wais: Pain and suffering in Europe - How courts quantify the unquantifiable | Meeting-Join | Microsoft Teams