The institution of non-pecuniary damage in the legislation and jurisprudence of the United Kingdom emerged decades ago. Since England was the largest colonial power, the principles of Anglo-Saxon legal system are dominating in many states. In contrast to Eastern model, the current legal system has a substantially different basis of liability depending on the intentional or negligent actions caused the harm. In the first case, the purpose of legal redress for harm has a free nature, in the second – the compensation one. Under UK law it is impossible to demand compensation for moral damages in the absence of suffering (experience) or damage to property.
Mental suffering in conjunction with physical one equal a certain monetary level and therefore, they are recoverable. Attention is drawn to the problem of non-pecuniary damage caused by the crime, due to the fact that in most cases the victim cannot speak with the plaintiff’s claim in civil proceedings, and to appeal to the special statutory procedure.
In the case of a criminal act compensation for non-pecuniary damage is usually paid without recourse to a special tariff scheme. In the UK, for the consideration of claims for non-pecuniary damage was created a special commission for compensation for the damage cases caused by the crime. Currently, the Commission on applications for compensation utilises tariff scheme introduced in 1994, detailing the conditions of payment of compensation. In particular, payments are made to applicants who have suffered non-pecuniary damage, directly associated with violent crime. These crimes, for example, include: arson, poisoning, sexual assault, infliction of suffering on the victim by hounding animals. This scheme also applies to complainants in the prevention of crime or in detention, as well as when trying to apprehend a criminal.
However, according to the document not every form of mental harm is compensated, but only the one which deprives ‘life activity’ of the victim and continues for more than 6 weeks from the time when the accident occurred. Under the loss of the life activity of the legislator meant a reduction, disability or loss of learning ability, sexual disorders or significant loss of social ties. The victim party can take advantage of legal assistance: thus, one of the most represented firms, Forster Dean Solicitors, provide no win no fee services (according to the new procedure) and assist with accident claims on almost no-cost basis.
The amount of compensation for the Fee Schedule for the harm caused by the crime depends on the severity of a mental disorder, which is characterised as moderate (lasts from 6 to 16 weeks), medium (16 to 26 weeks), severe (more than 26 weeks) and crucial (permanent loss of vitality). Some features are inherent in the English law in dealing with the issue of compensation for moral damage caused by defamation, i.e. dissemination of information that would impair the honor and dignity of a person. In the English law of defamation actions in 1952 also exists a ‘non-guilty disseminate’ such information means to differentiate qualified defamation (libel) and outright defamation (slander).